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HomeMy WebLinkAbout6/18/2014 - STAFF REPORTS - 5.B. ?ALM sA4 .y Y N c ,r CITY COUNCIL STAFF REPORT DATE: JUNE 18, 2014 NEW BUSINESS SUBJECT: PROPOSED CONTRACT WITH MV TRANSPORTATION, INC. OF DALLAS, TEXAS, TO PROVIDE TROLLEY OPERATOR SERVICES AND THE LEASE OF FIVE (5) COMPRESSED NATURAL GAS (CNG) POWERED VEHICLES FOR THE TERM OF ONE (1) YEAR TO UNDERTAKE A PILOT TROLLEY PROGRAM, IN THE AMOUNT OF $918,874 FROM: David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY In 2013, the City Council directed City staff to investigate the feasibility of a trolley that would serve the Downtown and Uptown areas as well as connect several of the larger hotels outside Downtown to the center of town. Staff, working with a City Council Sub- Committee (Foat/Lewin) and an ad hoc Stakeholder Trolley Committee, completed its investigation and discussed a number of issues with City Council in November, 2013. A Request for Proposals was issued in January, 2014, with the City seeking a qualified shuttle service provider to provide vehicles and drivers to operate a 12-month pilot program Trolley service. The action before you is approval of an agreement with the qualified vendor. RECOMMENDATION: 1. Approve Agreement No. a Contractual Services Agreement for Trolley Services Operator Pilot Program with MV Transportation, Inc. of Dallas, Texas, in an amount of $918,874 for the first year of service. 2. Authorize the City Manager or his designee to execute all necessary documents. June 18, 2014 -- Page 2 Trolley Services Operator Pilot Program Contract Award Background On November 20, 2013, staff presented City Council with initial findings on the feasibility of an intra-city trolley program to serve the Downtown and Uptown Design District areas, as well as connect several of the larger outlying areas. Staff, working with a the City Council Sub-Committee (Foat/Lewin) and an ad hoc Stakeholder Trolley Committee (hotel general managers and other stakeholders), investigated a number of trolley programs in other cities to determine what was successful and what might be replicated in Palm Springs. The goals of a trolley program in Palm Springs would be to connect businesses, visitors and residents along the Palm Canyon Drive corridor. The benefits of the program will include mitigation of several urban planning challenges faced by the City, such as easing parking congestion, addressing the long linear nature of Palm Canyon Drive's business districts, the distance between several major hotels and the Convention Center, and issues related to drinking and driving. Moreover, this type of program has the potential to provide additional benefits such as creating a new and exciting "visitor experience" for our tourism brand, enhancing economic development and reducing carbon emissions. The Procurement & Contracting Division, in cooperation with the Community & Economic Development Department, conducted a Request for Proposals (RFP) 12-14 that was issued on January 24, 2014 and posted to the city's website. Notices were sent to 29 prospective operators. A pre-proposal conference was held on February 3, 2014 and five operators attended. Three proposals were received by the February 25 deadline from the following operators (listed alphabetically): Empire Transportation Inc., MV Transportation Inc., and Silverado Stages, Inc. Proposals were evaluated by a committee consisting of staff from the Community & Economic Development Department; the co-founder of Symblaze, the City's trolley branding and marketing consultant; and, the Director of Operations at SunLine Transit Agency. Proposals were evaluated on multiple criteria including their qualifications and experience, proposal organization and overall project understanding, detailed work proposal including equipment, staffing and maintenance, project implementation schedule and lead time and cost. In addition, a local preference was applied to firms that are located within the Coachella Valley. Upon initial review of the three proposals that were submitted, the evaluation committee short-listed the top two firms and conducted interviews with Empire Transportation, Inc. and MV Transportation, Inc. on April 16, 2014. MV Transportation was the selected operator following the interview process and was preferred unanimously among the evaluation committee. Subsequent contract negotiations with MV Transportation resulted in more favorable cancellation terms, enhanced technology, inclusion of vehicle wrapping, and optional pricing structures for alternative pilot project schedules. 02 June 18, 2014 -- Page 3 Trolley Services Operator Pilot Program Contract Award Key considerations in the selection of MV Transportation are: • Strong qualifications and similar/relevant applicable experience to the scope of work requested in the Palm Springs request for proposals. • Firm understanding and grasp of operations, compressed natural gas (CNG) equipment, hiring, training, safety, maintenance and well thought out plan for implementation, storage facility, and maintenance program. Proposed on-site manager and senior executive to be assigned to the contract were well qualified, seasoned and very customer service oriented. • Equipment will be brand new, CNG powered, Americans with Disabilities Act (ADA) compliant, with open upholstered perimeter seating in the authentic-style "trolley" as requested by the stakeholders. The trolleys would have a 26 seated passenger or 22 seated passenger with 2 wheelchair capacity (each wheelchair space takes 2 seats) and standing room for approximately 15 more passengers. MV has included the cost of the "wrap" of each vehicle and will coordinate with the Art Director from Symblaze, the branding and marketing consultant, for final color and spec check prior to application of the wrap. • The cost for the first year Pilot program is $918,874 for Thursday through Sunday Service from 11 a.m. to 1 a.m. or 12 noon to 2:00 a.m. The contract includes all staffing, supervision, vehicle leases and maintenance, overhead and profit. • In the event that the City cancels the project at the end of the Pilot period, the City will be responsible for the difference in the depreciated value and the market value of the vehicles, not to exceed $24,334 per trolley. With 5 vehicles (4 in service plus one spare), the cost to the City to cancel the project would not exceed $121,670. • The lead time for the trolley equipment is 90 to 120 days. A November launch of this program would be feasible should Council approve this contract by the end of June 2014. Key elements of the program are: • The route would be approximately 14 miles in length. The recommended route is from the Parker Hotel to Racquet Club Road via Downtown and Uptown. The trolley would travel along East Palm Canyon Drive to South Palm Canyon Drive, then north on Indian Canyon Drive to Vista Chino Road (and the Riviera Resort), then west to North Palm Canyon Drive to Racquet Club, and then turning around at the Northgate Center. Returning, the trolley would head straight down Palm Canyon Drive to The Parker. • The trolley service would be free of charge with a 15 minute interval between trolleys/buses, meaning that during service times a bus will come by every fifteen 03 June 18, 2014 -- Page 4 Trolley Services Operator Pilot Program Contract Award minutes. During the pilot period, service will be provided 4 (four) days per week Thursday— Sunday, 12:00 noon — 2 a.m. • The days and times of the program, for the start-up of the pilot, was discussed at length with the stakeholders committee, Council sub-committee and interest groups and was recommended to be Thursday through Sunday from noon to 2 am. This contract is for a one (1) year agreement with four (4) one-year extension options, at the mutual consent of the city and contractor. The proposed contract with MV Transportation is a Full Service contract. The Contractor will provide for the storage of the vehicles and arrange for maintenance to be performed by a local mechanic shop. The CNG would be purchased at the public fueling station near the airport. The contract contains provisions requiring the Contractor to maintain the vehicles and monitor their use and condition, provide for maintenance and daily repairs, keep the vehicles clean and in good order, ensure the graphics and other materials remain attractive and make sure the air conditioning is in good repair. The Contractor shall hire and employ competent and properly licensed personnel for this service, and must fully comply with all federal, state, and local laws applicable to the operation of the trolleys for this service. The City reserves the right to establish uniform and appearance standards for any and all of the successful Contractor's staff who come in contact with the public as a result of the RFP. MV had the most similar experience to what Palm Springs proposes. While they run transit operations nationally and are probably the largest of the three companies, they operate similar shuttles in Beverly Hills, Monterey, San Pedro and other tourist destinations. Despite their size, the Evaluation Committee believed they were the company that is most likely to "get" the City's desire to create a branded, fun trolley experience and adapt the operation accordingly. The City's branding consultant, Symblaze, is engaged by a separate contract and will be bringing the branding concepts to Council at the July 2, 2014 meeting. As part of the effort to be fun and innovative, the contract with MV also includes GPS tracking of the trolleys, and the creation of an °app" that trolley users can use to see where the vehicles are in real time. As this was a Request for Proposal process where multiple criteria were considered (not just "low bid"), it should also be noted that not only was MV Transportation the most qualified, they also were the lowest cost for the 4 day per week service with the desired equipment. The initial service plan is to be approximately 11 ,600 hours of service per year of operation. The operational hours translate to 56 operating hours per bus per week 04 June 18, 2014 -- Page 5 Trolley Services Operator Pilot Program Contract Award (224 total hours per week for all four buses). However, the City reserved the right to utilize the trolley service to support special events. The contract provides an hourly rate for such additional services for additional trolleys or additional hours proved by the Contractor, such as during special events. Additionally, the City has reserved the right to maintain flexibility in the trolley schedule. At the Subcommittee level, there was discussion about having the trolley run later into the evening (2 a.m. or even later), in which case the route would begin later in the day than the original 11 a.m. start (noon or 1 p.m.) in order to keep the total service hours the same. Lower Cost Alternatives In an effort to look at ways to reduce the overall contract amount, Staff asked the contractor to investigate a number of contract alternatives, including: 1. Reducing the number of hours of service by starting service later (5 p.m.) instead of 11 a.m., and also reducing the length of the route by not going to The Parker: • MV determined that eliminating The Parker would not necessarily produce much cost savings because the distance saved is not enough to reduce the number of trolleys required from 5 (4 in service plus one spare) to 4 (3 in service plus one spare), where such a cost savings would occur. However, there would be cost savings attributed to reduced hours. Such a change would reduce the overall hours to 6,608 annual hours (by 43%), but only reduce overall costs by 23%, to $712,646. 2. Reducing the days of service from 4 days to 3 days (e.g. Friday-Sunday) was another option: • Since the number of vehicles would not be reduced in this scenario, the total number of service hours saved would be 56 hours per week, or 25% of the weekly hours (leaving 8,700 annual hours), which would save 25% of the operational costs but a smaller percentage of overall costs (estimated about 15%), since the vehicle cost and supervision would remain the same. That would yield a contract savings of about $137,000, and a contract amount around $781,042. 3. A third cost savings idea would be to reduce the length of the route to a distance that could be accommodated with 3 vehicles in service (3 in service plus one spare), rather than 4 vehicles in service (4 in service plus one spare) proposed today: 05 June 18, 2014 -- Page 6 Trolley Services Operator Pilot Program Contract Award • Since eliminating The Parker alone didn't remove enough distance to reduce the number of vehicles, this option would also entail eliminating at least the leg from Vista Chino to Racquet Club. Such a reduction would be equivalent to Option 2 in terms of operating costs (going from 4 buses to 3 buses is equivalent to going from 4 days to 3 days), plus the added savings of the lease payment on the fourth operating bus, $26,844. That would yield savings of about $164,000 per year or a contract amount of $754,198. Fiscal Impact PS Resorts (consortium of large hotels paying "resort fees"), in their renewed three year agreement with the City has agreed to provide $100,000 toward the Trolley Program in each of the contract years. The balance, approximately $820,000 would be paid for from the Measure J Fund (unscheduled capital projects). Additionally, opportunities will likely exist for future "advertising revenues" on the interior of the trolleys to offset a portion of the program costs. Those options will be fully analyzed and presented to City Council at an upcoming meeting. Importantly, as noted above, if the City elects to terminate the program after the initial pilot year, the depreciated value of trolleys — not to exceed $121,670 — will become a liability of the City and due to the contractor. By comparison, if the City proceeded with this program without a one year pilot — it would have required a capital purchase of the trolley vehicles of approximately $1 million. J n S. ay n , Director of Diana Shay, Rede pment omm ity & nomic Development Coordinator David H. Ready, City M Attachments: Contract Service Agreement 06 CONTRACT SERVICES AGREEMENT TROLLEY SERVICES OPERATOR, MV TRANSPORTATION, INC. THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on , 201_1 between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and MV TRANSPORTATION, INC., ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City has determined that there is a need for a contractor to provide all materials, labor, and equipment too operate a scheduled Trolley service within the City("Project"). �I p P Y Y( J ) B. Contractor has submitted to City a proposal to provide all materials, labor, and equipment to City for the Project under the terns of this Agreement. C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Contractor to provide such contract services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced contracts performing similar work under similar circumstances. 1.2 .Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's 720669.1 1 Revised: 6/16110 07 Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits `B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (P) the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's Request for Proposal (Exhibit `B"); (P) the terms of this Agreement; and, (0) the provisions of the Contractor's Proposal (Exhibit "C"). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor(a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 2 Revised: 6/16/10 720669.1 n p VO 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of $918,874 (nine hundred eighteen thousand eight hundred seventy four dollars) for Year 1. In the event that the project is terminated after Year 1 the City shall additionally compensate the Contractor for the difference in the depreciated value and the market value of each Trolley in an amount not-to-exceed $24,334 per Trolley. Maximum Compensation shall not exceed $856,985 for Year 2; $863,592 for Year 3; $888,300 for Year 4; and $893,222 for Year 5, except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit"D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or rime-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of 3 Revised: 6/16/10 720669.1 09 the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chanues in Scone. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily famished in accordance with generally accepted practice in Contractor's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted) if Contractor, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. 4 Revised: 6/16/10 72M69.] 10 The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and the Anniversay Date shall be the first date of Operation and shall continue in full force and effect for one (1) year with four (4) additional one (1) year optional renewals from the Anniversary Date at the mutual written consent of the parties. Any further extensions shall be at the mutual written consent of the parties and shall be executed by an Amendment to the Agreement. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice, subject to the provision stipulated in Section 2.1 and Exhibit "D" (Schedule of Compensation) for early termination of the equipment lease and compensation by City to Contractor for the difference in the depreciated value and the market value of each Trolley in an amount not-to-exceed $24,334 per Trolley. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no fiuther claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: W.C. Pihl, Executive Vice President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. $ Revised: 6/16/10 720669.1 t 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. 6 Revised: 6/16110 720669.1 12 B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. (*WAIVED*) F - rs wind- ^.-n-is.:ons T......_,nee. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, 7 Revised: 6/16110 720669.1 1 3 and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to g Revised: 6/16/10 720669.1 14 commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement: 5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement(e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project 9 Revised: 6116/10 720669.1 15 by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten(10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. 10 Revised: 6/16110 720669.1 16 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coveraee. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized b that insurer to bind coverage p y o age on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract Na" or 'for any and all workperformed with the City"maybe included in this statement). 2. "This insurance is primary and non-contributory over any insurance or set(- insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all workperformed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 11 Revised: 6/16/10 720669.1 J_ 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Contract Services Indemnification and Reimbursement. If the Agreement is determined to be a "design contract services agreement" and Contractor is a "design contract" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party'; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-contract sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non-design-contract sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set 12 Revised: 6/16110 720669.1 - 18 forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Contractor shall keep .complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. All Contractor material developed prior to, or independently of this Agreement, remains the sole property of the Contractor for all materials developed outside of this Agreement. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written 720669.1 13 Revised: 6/16/10 1 authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions conceming any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. hi the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. 720669.1 14 Revised: 6/16/10 ^ B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to requite exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Ritthts and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 72U669.1 15 Revised: 6/16/10 21 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Aeainst Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infrineement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise: A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or 16 Revised: 6/16/10 720669.1 22 claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Citv: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Contractor: MV Transportation, Inc. Attention: Office of the General Counsel and W.C. Phil 5910 North Central Expressway, Suite 1145 Dallas, TX 75206 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition 17 Revised: 6/16/10 720669.1 23 or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 18 Revised: 6/16/10 720669.1 n 2 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready City Manager APPROVED AS TO FORM: ATTEST By: By: Douglas C. Holland, James Thompson, City Attorney City Clerk APPROVED BY CITY COUNCIL: Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR NAME: MV Transportation Inc. Check one_Individual_Partnership_X_Corporation 5910 North Central Expressway, Suite 1145 Dallas, TX 75206 By By Signature(Notarized) Signature(Notarized) 19 Revised: 6/16/10 720669.1 5 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of JS On before me, oar Here wetre�Kw otle otrar personally appeared 1 Vf 80"0 who proved to me on the basis of safis(acl o evidence to be the person(s) whose name(s) Ware siubscn'hed to the within instrument and acknowledged to me that he/sheRhsy eaiculed the same in his/horAhek authorized capacity(fes), and that by hisrtter/their sfgnattire(s)on the Instrument the person(s), or the amity upon behalf of which the person(s)acted,w ecuted the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. rnxa wwry sw Signature steam of WIM n,hrc OP77ONAL Though fine kdormreon below is rra AWuW by fee:a may Mrs vzoluaab to persons rarykg on are d mmerd and couldpreerM Gaudkv#rmr W and reaRwhinanr atlas form to anoltw docuff,xN: Description of Attached Document TBIe or Type of Document: Document.Date: Number of Pages Signers)Other Than Named Above. Capacity(les)Claimed by Signer(s) Signsr's Name: Signer's Name: Individual ❑Individual j 7 Corporate Officer—Tifie(s): O Corporate Officer—Tdle(s): • Partner—Q Limited 0 General 0 Partner—❑Limited U General • Attorney in Fact 0 Attorney in Fact t7 Trustee top of 4mmb hue 13 Mustee Too ofthw*hem ❑ Guardlanar Conservator. ❑Guardian orConservator ❑ Other.— - ❑Othsr: Signer Is Representing: Signer Is Representng: emmrbloetl scary •096Da Sop A.e.,t�.>br,21[¢•t]etiome.M alll9adoP.wwwtLrrwtidNWraa hml@Mr hwider:CeNTdFRaetdOD/relB07 20 Revised: 6/16/10 720669.1 - 2O EXHIBIT "A" SCOPE OF SERVICES The scope of services shall include, but not be limited to, the following: Contractor shall provide a "Full Service" Trolley operation including all trolleys, operating staff, materials, equipment, vehicle maintenance, fuel, storage facility/location when not in operation, and all administrative responsibilities. The trolley operation will be a highly visible, safe, effective, economical, environmentally and user friendly service to meet the existing and future mobility requirements within the City. The major customer markets will be tourists, residents, conventioneers, employees, and special event participants. This system will provide transportation between the downtown areas, commercial centers, transportation hubs, and City sponsored events. In addition, this program has potential to provide additional benefits such as creating a new and exciting "visitor experience" for our tourism brand, enhancing economic development and reducing carbon emissions. The trolley system will encourage local shopping and dining while reducing vehicle traffic in the downtown area. Additionally, Palm Springs hosts many events that draw a large number of seasonal visitors. The system will serve as transportation for these visitors. Route: The intitial Trolley route and Trolley stop locations are generally/approximately depicted in Attachment D. The trolley route is an approximately 14 mile loop extending from the intersection of North Palm Canyon Drive and Racquet Club Road at the north end of the route, to the intersection of East Palm Canyon Drive and Cherokee Road at the South end. The route and stops are subject to change by the City at any time and may be expanded or retracted depending on ridership, demand, or other factors. The required service level of every 15 minutes requires the contractor to be flexibile to accommodate the City's seasonal population pattern and the variations in peak "in season" and peak "off season" demands, coupled with our rapidly changing Downtown environment. The City reserves the right to supplement service with other service providers if needed. Personnel. Contractor must employ competent and properly licensed personnel for this service, and must fully comply with all federal, state, and local laws applicable to the operation of the trolleys for this service. The City reserves the right to establish uniform and appearance standards for any and all of the Contractor's staff who come in contact with the public. The Contractor is responsible for the purchase and maintenance of all uniforms. All Driver/Operators will be the ambassadors of the City of Palm Springs and accordingly must possess the ability to interact with customers in a courteous, professional and friendly manner. Contractor shall establish and provide continuing training programs for all driver/operators including at a minimum, ADA wheelchair lift and secure training, sensitivity training and defensive driver training. 27 720669.1 Trolley operators may be requested to narrate mobile tours and/or operate a recorded tour narration on the trolley's audio system. Trolley operators must be able to communicate in the English language to patrons. Driver Qualifications. Drivers will comply with the federal, state and local laws and licensing requirements. Substance Abuse. Motor carriers and drivers shall comply with the controlled substances and alcohol use and testing set forth in Part 382 of Title 49 of the Code of Federal Regulations. This program shall include: • Contractor must implement alcohol test procedures. Tests will be required for pre- employment; reasonable suspicion; post-accident; random; return-to-duty; and follow-up. Drivers who engage in prohibited alcohol misuse must be immediately removed from driving and cannot return until they been evaluated by a substance abuse professional and complied with treatment recommendations. Drivers who have any alcohol concentration (defined at 0.02 or greater) when tested just before, during, or just after driving, must be removed from performing such duties for 24 hours. Drivers who violate the alcohol misuse rules will be referred to a substance abuse professional for evaluation. Any employer who decides to return a driver to safety-sensitive duty must ensure that the driver: 1) has been evaluated by a substance abuse professional; 2) has complied with any recommended treatment; 3) has taken a return-to-duty alcohol test; and 4) is subject to unannounced follow-up alcohol tests. • Contractor must also implement drug testing screenings. Test will be required for pre-employment; reasonable suspicion; post-accident; random; return-to-duty; and follow-up. A driver must be removed from driving duty if he/she has a positive drug test result. A driver that had a positive drug test may not be returned to duty until he/she: 1) has been evaluated by a substance abuse professional; 2) has complied with recommended treatment; 3) has a negative return-to-duty drug test; and 4) is subject to unannounced follow-up screening tests. • Contractor will be responsible for conducting random, unannounced drug and alcohol tests. They must also provide information on drug use and treatment resources to drivers. All supervisors and officials of the successful Service Provider must attend at least one hour of training on the sign and symptoms of drug abuse. These tests must be completed by a third party. Code of Conduct. All employees shall avoid conduct unbecoming of an employee. The Contractor shall set personnel policies prohibiting such actions. Examples of conduct unbecoming of an employee include, but are not limited to, the following: • Any instance of use of language that is obscene, risqu6 or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer or another employee. • Any instance of belligerent or malicious behavior toward a customer or another employee. 720669.1 28 • Littering on vehicles, station areas or any other City system property. • Eating in the presence of passengers or on shuttle buses. • Smoking in the presence of passengers. • Willful failure to assist customers. • Willful destruction or damage to any City property. • Violation of uniform dress standards. • Reckless or unsafe driving. All personnel shall be trained to provide excellent customer service and to respond in a professional manner. Contractor shall be prepared to handle Senior, Disabled, and non-English speaking participants in this service. Spanish/English staff may be helpful, but is not necessary. Sensitivity and awareness of the LGBT community is also required. Communication. The Contractor shall provide a communications system that will allow for the timely and efficient dispatching, coordination and response necessary to operate the services stated herein. At a minimum, the communications system must allow immediate communication between the dispatcher and vehicle operator at all times. Text Messaging and Use of Handheld Wireless Communication Devices. The Contractor will implement and enforce a policy that prohibits text messaging and the use of handheld wireless communication devices during vehicle operation. • Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e- mailing, instant messaging, obtaining navigational gational information or engaging in any other form of electronic data retrieval or electronic data communications. • Handheld wireless communication device includes, but is not limited to, a mobile or cellular phone, a text messaging device, a pager, a personal digital assistant (PDA), a tablet personal computer, or a laptop computer. Seat Belt Use. The Contractor is encouraged to promote policies and initiatives that adopt and promote on-the-job seat belt use policies for its employees and other personnel that operate company-owned, rented, or personally operated vehicles. Operating Times. The level of service for the subject route requires headway of 15 (fifteen) minutes. Service will be provided 4 (four) days per week with the following operating hours: • Approximately 56 operating hours per bus per week (224 total hours per week): Thursday— Sunday: 11:00 a.m. — 1 a.m ('subject to change) The City reserves to modify the schedule at any time. The City reserves the right to change the hours of operation and to add, delete and amend services and locations as necessary throughout the term of the contract. The initial service plan is estimated to be comprised of approximately 11,600 hours of service per year of operation. The Contractor shall provide daily supervisory oversight of the operation. 29 720669.1 Additional Services. The City reserves the right to utilize the trolley service to support special events and any additional services shall be at the established Variable Hourly rate in the Schedule of Compensation. Additional vehicles may be required during special events depending on demand and the City reserves the right to add additional vendors if the Contractor is unable to meet the needs during those times. Non Scheduled Stops. Trolley vehicles shall not be used to pick up or drop off passengers or the Contractor's employees at unscheduled locations without prior written authorization by the City, except in case of emergency, equipment failure, or direction of civil authorities. Spare Vehicles. Contractor shall provide five (5) Trolleys, of which one (1) shall be a spare vehicle in the event of a vehicle breakdown. Operations and Management Supervision: In addition to the rights and obligations stated elsewhere in this agreement, the City shall have oversight of the Contractor's performance including: • Monitorina: Monitoring the records, facilities, personnel, timetable adherence and equipment developed or used by Contractor in the performance of its obligations under this Agreement. • Inspection and Removal: Inspecting any equipment at any time, and remove from service any equipment, which in the City's sole discretion, is in an unacceptable condition. ■ Temporary Service Adiustment: At the City's sole discretion, the City may direct Contractor to cease operation, alter destination and/or alter the route of any Trolley operated under this Agreement. Contractor shall resume normal operation of any Trolley only upon receipt of approval from the City. • Employee Removal: At the City's sole discretion, the City may direct Contractor to remove any service employee for conduct unbecoming an employee as stated herein. • Emolovee Breaks and Rest Periods: Contractor shall abide by all federal and state laws regarding employee breaks and rest periods. Contractor shall accommodate appropriate rest and meal break periods for employees with minimal impact to scheduled service when possible. This may include providing relief drivers if necessary. Vehicle Specifications. Maintenance and Repairs: Trolleys: The vehicles for this program shall be five (5) brand new 2014 30' Supreme Classic American Trolleys that shall be powered by CNG, will have capacity for 26 seated passengers (22 plus 4 wheelchairs, meeting all ADA compliance requirements including lift), and will come with signage (to be designed and approved by City) and include GIPS software and mobile tracking application and a stand-alone App available for smartphones and tablets. The vehicles shall be leased by the Contractor and the costs are detailed in the Schedule of Compensation, Exhibit "D", including the financial obligation of the City to the Contractor for early termination of the lease in the event the trolley program is cancelled after the first year. 30 720669.1 Each trolley shall be a "bus" pursuant to Vehicle Code §§ 233 (a), 408, 34500, and the Contractor shall be a "motor carrier" pursuant to Vehicle Code §§ 408, 34520 and all vehicles will comply with all federal, state and local laws, regulations, and guidelines applicable to the type of vehicle used for the trolley service. Vehicle Inventory. Contractor to provide City a detailed inventory of the five (5) vehicles to be used for the. operation, including the Vehicle Identification Number, month and year of chassis manufacture, make, model, seated capacity including wheelchairs, and ADA accessibility features (ramp, lift, securing system). Identification/Sionage. Vehicles shall include display signage on both the interior and exterior. The type and style of signage will be determined and designed by the City and it's marketing representatives for the project and the specifications of the signage will be provided to Contractor by City for the vehicle supplier and signage subcontractor to then produce and install. The City's Project Manager or his/her designee must approve the signage and all associated artwork prior to production as well as approve on-site at the signage subcontractor's facility during installation on each vehicle. City reserves the right to modify the signage and the signage may not display the Contractor's logo; however, when required by applicable laws or regulations may display the Contractor's name and vehicle identification number. The cost for the production and installation of all signage is included in the Contractor's pricing. When in shuttle service, the interior of vehicles shall be signed with service identification including; City of Palm Springs and the route name as instructed by the City. In addition, vehicles shall have interior signage approved by the City stating; "For Service Comments, Contact 760- and, "This is a free service to passengers. Drivers cannot accept tips." All City of Palm Springs identifying signage shall be removed when vehicles are not in use for the City of Palm Springs Trolley service. Vehicle Approval. Vehicles must receive an inspection and approval from the City's Project Manager or his/her designee prior to use for shuttle services upon execution of contract. Vehicle Seating Requirements. The City requires a minimum (perimeter style, not rows) seating (upholstered, not hard surface, fabric to be selected by City) capacity of 26 seated passengers including four(4)wheelchairs. Vehicle Reiection. The City's Project Manager, at his/her sole authority, may notify Contractor to remove any vehicle from service for non-compliance with the vehicle requirements of this Agreement. Contractor shall replace said vehicle with a City approved vehicle within thirty (30) calendar days. A suitable replacement vehicle will be placed in service during the hiatus to avoid interruption in service. Vehicle Maintenance Plan and Practice. The Contractor shall maintain all components of each vehicle including its body, frame, furnishing, mechanical, electrical, hydraulic or other operating systems in proper working condition free from damage and malfunction. The Contractor shall replace and repair immediately any vehicle damaged in any accident or other damage which impairs the proper and safe mechanical operation of the vehicle. The Contractor at its sole cost and expense, shall maintain inventory of and provide fuel, lubricants, repairs, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services. Vehicles must be kept clean including exterior washing at least weekly, with the vehicle interiors swept or vacuumed daily to remove all dirt and debris. 31 720669.1 The City requires servicing of all vehicles at successive 6,000 mile intervals or the recommended vehicle manufacturer's specifications, whichever is lower. A more extensive inspection and servicing shall take place at 12,000 mile intervals or as specified by the recommended vehicle manufacturer, whichever is lower. In the event that towing of any vehicle is required due to mechanical failure or damage, Contractor shall be responsible to provide such towing at Contractor's sole expense. Daily Repairs. The passenger amenities and safety appliances listed below shall be functionally inspected each calendar day on all vehicles which are dispatched for shuttle service and/or Extra service. Defects shall be remedied as an integral part of the inspection process prior to dispatch. • General illumination lights • Headlights • Indicator lamps • Warning lamps • HVAC • Upholstery condition • Seat frames • Windshield wipers • Emergency lights • Signage • Fluids (levels only) • Safety appliances • Wheelchair lift/ramp function • Wheelchair securing devices Under no circumstance shall a vehicle be dispatched for shuttle service and/or Extra service with any amenity or safety defect. A record of all such inspections shall be maintained by the Contractor and be made available to the City at the City Project Manager's request. Air Conditioninq Standards. The Contractor needs to be mindful of the temperate wintertime temperatures and extreme summertime temperatures in Palm Springs. All shuttles shall have working cooling systems which shall be available during all times the shuttle is in service. Cooling systems shall be capable of maintaining the interior temperature of the shuttle at 77 degrees Fahrenheit. With passengers on-board, regardless of the outside temperature, the interior temperature of the shuttle must be no greater than 80 degrees Fahrenheit within sixty (60) seconds of closing the shuttle doors. Cleaning. All shuttles shall have had a minimum of a daily cleaning when made available to the City for service. Refuse, newspapers and other recyclable material remaining on board shall become the property of the Contractor. However, items of specific interest to the City and other authorities, e.g. illegal drugs, weapons, illegal substances, shall be retained as these entities request. At least once weekly, vehicles used to provide shuttle service under this Agreement must receive a detailed cleaning. Weekly cleaning, at a minimum, must include the following: • Exterior Wash • Graffiti removal • Interior windows cleaned • Mopping of non-carpeted floors with clean water and appropriate cleaning solution 3Z 720669.1 • Vacuuming of any carpeted flooring areas • Vacuuming of upholstered seats and cleaning of any stains with appropriate cleaning solution • Wiping down of all hand rails with clean water and appropriate cleaning solution Upon beginning route vehicles shall meet the above appearance conditions. Service Modifications. The City may change the scheduled service hours/days at any time. The City will work together with the Contractor to plan for any scheduled service hour or day changes and provide proper notice to the Contractor in advance. The City conducts a weekly Thursday night street fair along Palm Canyon Drive, when the street is closed to vehicular traffic, and a number of weekend street closure events along Palm Canyon each year. The development of a well-publicized alternate route for those periods will be required. Customer Service. Vehicle operators are "ambassadors" of the City and shall be familiar with their shuttle route and shall answer passenger questions in a courteous and informative manner. Vehicles may be required by the City to maintain a supply of literature (provided by the City) that may include, but is not limited to Trolley Route Maps and Schedule, and Sunt-ine Transit schedules. Said literature shall be displayed in appropriate receptacles approved by the City and be available to passengers upon request. Contractor shall coordinate with the City to ensure an adequate inventory of literature. Marketing. The City will assume all responsibility for marketing the public use of the Palm Springs Trolley Service operations through advertisements or other promotions. Contractor will place City approved promotional materials, public information notices and advertising materials in interior areas of the primary vehicles pursuant to procedures established by the City. Advertisina. Contractor shall not utilize the interior or exterior of primary vehicles operated in shuttle services for the display of any written or printed advertising, promotional material, or public information notices unless authorized by the City. Damage to Property. Contractor shall take care to not damage the Trolley customer's property (e.g. bicycles) while performing transportation services. Contractor shall be responsible for all damage to the Trolley customer's property caused by actions or inactions of the Contractor. Contractor shall take care to not damage the City of Palm Springs property (e.g. station signage) while performing transportation services. Contractor shall be responsible for all damage to City property caused by actions of the Contractor. Project Manager. Contractor shall designate a Project Manager who will oversee the complete operation of services detailed herein and be the primary point of contact for the City or its agent. The Contractor shall provide the email address, land line and cellular telephone number of its Project Manager prior to beginning service. The Contractor will also provide the email address, land line and cellular number of an emergency contact that the City may use 24 hours per day, 7 days per week in the event that contact is required outside of normal business hours. The Project Manager shall have at least five (5) years experience in bus/shuttle service operations. Contractor must notify the City within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. Contractor must replace Project Manager with an interim Project Manager within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. 33 720669.1 Contractor shall make every effort to permanently fill vacant Project Manager position within thirty (30) days. Replacement Project Manager must be approved by the City. Vehicle Operator Responsibilities: Responsibilities and Duties of Vehicle Operators include but are not limited to: • Operate the vehicles in a safe and timely manner; • Be courteous to all passengers and the general public; • Cooperate with the City's project manager and City agents; • Distribute or collect handouts, surveys, etc. as may be required; • Be neat and clean and in proper uniform; • No acceptance of gratuities; • Have a thorough knowledge of route schedule; • Make service announcements as requested by the City; • Do not or allow passengers to smoke on vehicles; • Do not permit loud or raucous behavior on the vehicles; • Count and record passenger boarding for each trip; • Provide service free to all passengers; • Maintain route and timetable without deviation; • Inspect his/her vehicle for functionality and safety prior to each departure from the garage; • Assist passengers boarding and exiting vehicle as needed; • Operate the wheelchair lift for passengers requiring or requesting such service (whether they are in a wheelchair or not); and • Secure wheelchair passengers using vehicle securing devices. Reporting Requirements: Reporting and Recordkeeping Requirements. The Contractor shall maintain complete and accurate records of all operator services and other Agreement activities carried out during the Agreement period. Contractor shall maintain records of all maintenance of primary vehicles. The Contractor must supply the following reports to the City as the City requests. The format of these reports shall be developed by the Contractor and subject to the review and written approval of the City. Immediately: • Loss of life, injuries, stoppage or major disruption of service. • Any order imposed by a competent regulatory authority which prevents the continuation of service. Daily: • Daily operator reports are relevant back up information to the monthly program reports. The content and form of the operator reports shall be mutually agreed upon by the City and Contractor and would typically include hourly ridership information and total miles traveled. Monthly Program Reports: 3.4 720669A • On the tenth working day of each month, Contractor shall submit to the City a Monthly Program Report documenting the amount of services provided in the previous month, a project cost report documenting the cost of services provided in the previous month and an invoice. Typical reports shall include, at a minimum: • Route mileage • Daily ridership • Hours of service • Customer service statistics • Service incident summaries • Service evaluation analysis • Customer comments, complaints and resolutions • Safety performance • Accidents or safety issues will be reported immediately to the program manager • Maintenance performed • Missed trips Invoices. The Contractor will be required to provide the City with monthly invoices for service with copies of time records and other documents necessary to support invoices for each route. Management Meetings. Upon contract award, monthly management meetings will be held between the City project manager and the Contractor's staff to review the previous month's data and reports, exchange information to coordinate service effectiveness and resolve any pending issues affecting the provision of service. Customer Service, GPS Software and Mobile Applications The Contractor will be required to maintain a local public customer service telephone number which can be advertised as the main source of information for the service. Additionally, the Contractor will create a website page for information and feedback that will be available online to the public. The City will provide a link from its website to the Contractor webpage created for this purpose. Furthermore, each vehicle shall include GPS technology that shall be utilized for mobile vehicle tracking applications as well a stand alone App available for download on smartphones and tablets. All costs associated with this are included in the Contractor's schedule of compensation/pricing. Program Responsibility Point of Contact. The City will identify in writing the name and contact information for the individual(s) designated as The City's administrator for the contract. 35 720669.1 A B C D E F G 6EEMSEi fOR AX1FSFlM I - Attachment "D" Trolley Route Map PALM SPRINGS cxw�ME+cr -- ::d r j I RvW°A�VX m�svvw r.,ni,' rr^-_- •°L. _e-o H-aw W,-- ^ esw-E ,." .a.,:,�Jyr" ��amc»wA I- �u"•.awv�va • yR, 1 '-,. YIUBXHWW I n n FAP " ScHns 7G OW V AT OXS SPA6UWSE SOPINGENS STA'pl E4TEH" •■ 1 NI 1,,EZ PAT 2 IUKAFA 00 I]ar- 4 rQI � i � Q1f 1 1 Z MC y 3 — - _ 4 Ta =.ocvi a d I •• S ` .E� qp � swi • wbec R_m g 38R3 a�13 v t ;I� a Af "'vm •� �.�wa' - I i y ' 6 @ xm.aAlFF �ws� °�,� ` I �.w* I ��k'� � �� ,4, PALM SPRINGS a a 7 ' S::wY•"�' (:�W w W d e- `_ �S6T ° cy°. � � o.� kq m N 8 '' �, was I� °nm� eommEa,Xreavw�.aow i.n°""m.Sn a .vy w. � u.��mm �aWmlMNioDka9lW"H96 ,.vrn A /M'YX e.urrtalcl.cnearxAwvm f° `�w �� • 1nFItl>• 9.XLVPFENIII°iatll ®si imm¢a . EE'SS '0.1Va�AE40Y]PAMSIaH$ y. 'I Xe E1vYG.ro cmlglmm. �-Piu an z.rula�ww .esm IT. >� a-r.XaeARmmusFnrmm I u-rxusafGA.M9m l.ti�� ��:�°R„s.w '�Riva"a i:nas�w a �' �-./ +e>eeoewiuom n.w.w. i.."aiwvwn °new'S -er nXXRNIL1ffIN1■WllEi iu110�a �: g ` • S ,.amuaa■ewEvm Po w f a F o.oxnAeea+rm9raa 9 lo.viw �L_ s rl'rTALfl1AT'BBIEYfAW3l0A n.wn '.annnm 9WGRIO'.g1ALVAR r l p 112 7 A B C D E F G EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS 37 720669.1 CITY OF PALM SPRINGS, CA NOTICE INVITING PROPOSALS FOR RFP #12.14 TROLLEY SERVICES PROVIDER NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from qualified firms to provide the City with scheduled trolley services between the downtown and various visitor locations within the city. PROJECT LOCATION: City of Palm Springs, CA SCOPE OF SERVICES: The scope of work will consist of a shuttle service provider to provide vehicles and drivers to operate a 12-month pilot program of Trolley service to serve the Downtown and Uptown Design District areas as well as connect several of the larger outlying hotels. OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.paimspringsca.gov (go to Departments, Procurement, Open Bids & Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8373. Upon downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist I, via email at Cheryl.Martin@paimspringsca.gov to register as a firm interested in this project. Failure to register may result in not receiving addenda to the RFP. PRE-PROPOSAL CONFERENCE: The City shall hold a non-mandatory pre-proposal conference at 10:00 AM on Monday, February 3, 2014, where interested trolley service providers will hear an overview of the project, review of the RFP process, and upon conclusion of the conference submit questions regarding the bid documents or specifications in writing onl where by the City shall provide responses via Addenda. See section #3 on "Questions". The conference will be held at Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262. Please wait in the City Hall Lobby and you will be escorted to the meeting conference room. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, TUESDAY, FEBRUARY 25, 2014. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened. t 38 PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. Craig L. Gladders, C.P.M. Procurement and Contracting Manager January 23, 2014 z 39 OF PALM SA y v 0 ('41 LFORN,p CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP) #12-14 TROLLEY SERVICES PROVIDER Requests for Proposals (RFP #12-14), to provide Trolley services for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, FEBRUARY 3, 2014. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions. 1. PURPOSE AND SCHEDULE: The City of Palm Springs, California invites experienced firms and organizations with demonstrated expertise for the operation of a scheduled trolley service between the downtown and various visitor locations in Palm Springs, California. This initial endeavor is intended as a 12 month pilot program. The overall intent of this project is to provide a highly visible, safe, effective, economical, environmentally and user friendly trolley service to meet the existing and future mobility requirements within the City. The major customer markets will be tourists, residents, conventioneers, employees, and special event participants. When implemented, this system will provide transportation between the downtown areas, commercial centers, transportation hubs, and City sponsored events. Benefits of the program might include mitigation of several urban planning challenges faced by the City such as easing parking congestion, non-walkability of the tong linear nature of Palm Canyon Drive's business districts, bridging the distance between several major hotels and the Central Business District and issues related to drinking and driving. In addition, this program has potential to provide additional benefits such as creating a new and .exciting "visitor experience" for our tourism brand, enhancing economic development and reducing carbon emissions. SCHEDULE: Notice requesting Proposals posted and issued ................................................January 23, 2014 Pre-Proposal Conference.............................................. Monday, February 3, 2014, 10:00 AM Deadline for receipt of Questions................................ Tuesday, February 18, 2014, 3:00 PM Deadline for receipt of Proposals................................ Tuesday, February 25, 2014, 3:00 PM Short List/ Interviews/, *if desired by City ......................................................... to be determined Contract awarded by City Council..................................................................... to be determined "Dates above are subject to change. 3 40 "KEY" TO RFP ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. "Must be completed and included with Technical Proposal envelope. ATTACHMENT `B" — Non Collusion Affidavit Form. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "C" — Cost Proposal Form. "Must be completed and Included in a separately sealed envelope— do NOT include this with your Technical Proposal. ATTACHMENT "D" —Trolley Route Map ATTACHMENT"E" — Sample boilerplate Contract Services Agreement (for reference only) 2. BACKGROUND: The City of Palm Springs is located in the Coachella Valley approximately 110 miles east of Los Angeles. The geographic area covered will include the City of Palm Springs from approximately Racquet Club Road to Cherokee Drive along the Palm Canyon Corridor. The City contains a full time population of approximately 44,000 residents. As a tourism destination, the seasonal population in the City swells to over 75,000 people. The City's downtown has been developed as a destination for residents and visitors which is an attractive and safe area for pedestrians and bicyclists to walk and ride. The trolley system will encourage local shopping and dining while reducing vehicle traffic in the downtown area. Additionally, Palm Springs hosts many events that draw a large number of seasonal visitors. The system will serve as transportation for these visitors. 3. SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS: The City of Palm Springs ("City") is seeking a qualified shuttle service provider to provide vehicles and drivers to operate a 12-month pilot program Trolley service to serve the Downtown and Uptown Design District areas as well as connect several of the larger outlying hotels. Proposers need to demonstrate experience and competence in providing such first class shuttle or trolley services; experience contracting with a government agency is preferred but not required. The City has not made a determination of the type of vehicle to use for this program. That determination will be made through this RFP process. Submitters are encouraged to submit multiple fleet options with pricing for the City's consideration provided they meet the requirements set forth in this RFP and can accommodate at a minimum 22 seated riders inclusive of ADA requirements. Note that preference will be given to vehicles using alternative fueling sources to gasoline or diesel. The scope of services shall include, but not be limited to, the following: Route. The Trolley route and Trolley stop locations are depicted in Attachment D. The trolley route is an approximately 14 mile loop extending from the intersection of North Palm Canyon Drive and Racquet Club Road at the north end of the route, to the intersection of East Palm Canyon Drive and Cherokee Road at the South end. The route and stops are subject to change and may be expanded to include additional routes. Proposers must be able to provide expandable service with flexible routing in order to respond to the City's changing needs. In terms of providing the level of service required in the RFP (every 15 minutes), proposers must possess the flexibility to accommodate the City's seasonal population pattern and the variations in peak "in season" and peak "off season" demands, 4 41 coupled with our rapidly changing Downtown environment. The City reserves the right to supplement service with other service providers if needed. The City reserves the right to begin service with modified or fewer stops and locations than shown in the route map until service demand is analyzed and routes are tailored to meet that demand. For the purposes of proposal evaluation, the proposal should reflect pricing based on the rout e shown in Attachment D. Th e cost r p oNosal shall assume that the Service Provider ("Contractor") shall provide "Full Service", meaning the Contractor shall provide the trolleys, operating staff, materials, equipment, all vehicle maintenance, fuel, storage facility/location when not in operation, and all administrative responsibilities. These costs and items are subject to negotiation with the City. Vehicle.Requirements. Each trolley shall be a "bus" pursuant to Vehicle Code §§ 233 (a), 408, 34500, and the successful Service Provider shall be a "motor carrier" pursuant to Vehicle Code §§ 408, 34520. • A bus is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons; a bus is also a vehicle designed, used, or maintained for carrying more than 10 persons, including the driver, which is used to transport persons for compensation or profit, or is used by a nonprofit organization or group. • A motor carrier is the registered owner, lessee or licensee of, among other types of vehicles, a "bus." • Vehicles will comply with all federal, state and local laws, regulations, and guidelines applicable to the type of vehicle used for the trolley service. Maintenance. The City expects the following minimally: • Vehicle maintenance is in accordance with vehicle manufacturer's maintenance schedule. • Exterior washing, to include graffiti removal, of trolley on a weekly basis. • Pick-up of trash, clean up of spills and sweep out on a daily basis. Personnel. Contractor must employ competent and properly licensed personnel for this service, and must fully comply with all federal, state, and local laws applicable to the operation of the trolleys for this service. The City reserves the right to establish Lnfform and appearance standards for any and all of the successful Service Provider's staff who come in contact with the public as a result of the RFP. The successful Service Provider will be responsible for the purchase and maintenance of all uniforms. All Driver/Operators will be the ambassadors of the City of Palm.Springs and accordingly must possess the ability to interact with customers in a courteous, professional and friendly manner. Contractor shall establish and provide continuing training programs for all driver/operators Including at a minimum, ADA wheelchair lift and secure training, sensitivity training and defensive driver training. Trolley operators may be requested to narrate mobile tours and/or operate a recorded tour narration on the trolley's stereo system. Trolley operators must be able to communicate in the English language to patrons. 5 42 Driver Qualifications. Drivers will comply with the federal, state and local laws and licensing requirements. Substance Abuse. Motor carriers and drivers shall comply with the controlled substances and alcohol use and testing set forth in Part 382 of Title 49 of the Code of Federal Regulations. This program shall include: • Contractor must implement alcohol test procedures. Tests will be required for pre- employment; reasonable suspicion; post-accident; random; retum-to-duty; and follow-up. Drivers who engage in prohibited alcohol misuse must be immediately removed from driving and cannot return until they been evaluated by a substance abuse professional and complied with treatment recommendations. Drivers who have any alcohol concentration (defined at 0.02 or greater) when tested just before, during, or just after driving, must be removed from performing such duties for 24 hours. Drivers who violate the alcohol misuse rules will be referred to a substance abuse professional for evaluation. Any employer who decides to return a driver to safety-sensitive duty must ensure that the driver: 1) has been evaluated by a substance abuse professional; 2) has complied with any recommended treatment; 3) has taken a return-to-duty alcohol test; and 4) is subject to unannounced follow-up alcohol tests. • Contractor must also implement drug testing screenings. Test will be required for pre-employment; reasonable suspicion; post-accident; random; retum-to-duty; and follow-up. A driver must be removed from driving duty if he/she has a positive drug test result. A driver that had a positive drug test may not be returned to duty until he/she: 1) has been evaluated by a substance abuse professional; 2) has complied with recommended treatment; 3) has a negative return-to-duty drug test; and 4) is subject to unannounced follow-up screening tests. • Contractor will be responsible for conducting random, unannounced drug and alcohol tests. They must also provide information on drug use and treatment resources to drivers. All supervisors and officials of the successful Service Provider must attend at least one hour of training on the sign and symptoms of drug abuse. These tests must be completed by a third party. 00dp of Conduct. All employees shall avoid conduct unbecoming of an employee. The Contractor shall set personnel policies prohibiting such actions. Examples of conduct unbecoming of an employee include, but are not limited to, the following: • Any instance of use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer or another employee. • Any instance of belligerent or malicious behavior toward a customer or another employee. • Littering on vehicles, station areas or any other City system property. • Eating in the presence of passengers or on shuttle buses. • Smoking in the presence of passengers. . : Willful failure to assist customers. • Willful destruction or damage to any City property. • Violation of uniform dress standards. • Reckless or unsafe driving. 6 43 Ali personnel shall be trained to provide excellent customer service and to respond in a professional manner. Contractor shall be prepared to handle Senior, Disabled, and non-English speaking participants in this service. Spanish/English staff may be helpful, but is not necessary. Sensitivity and awareness of the LGBT community is also required. Communication. The Contractor shall provide a communications system that will allow for the timely and efficient dispatching, coordination and response necessary to operate the services stated herein. At a minimum the communicat ions system must y allow immediate communication between the dispatcher and vehicle operator at all times. Text Messaging and Use of Handheld Wireless Communication Devices The Contractor will implement and enforce a policy that prohibits text messaging and the use of handheld wireless commu nication devices during vehicle operation. • Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e- mailing, instant messaging, obtaining navigational information or engaging in any other form of electronic data retrieval or electronic data communications. • Handheld wireless communication device includes, but is not limited to, a mobile or cellular phone, a text messaging device, a pager, a personal digital assistant (PDA), a tablet personal computer, or a laptop computer. Seat Belt Use. The Contractor is encouraged to promote policies and initiatives that adopt and promote on-the-job seat belt use policies for its employees and other personnel that operate company-owned, rented, or personally operated vehicles. Operating Times. The level of service for the subject route requires headway of 15 (fifteen) minutes. Service will be provided 4 (four) days per week with the following operating hours: • Approximately 56 operating hours per bus per week (224 total hours per week): Thursday—Sunday: 11:00 a.m. — 1 a.m. The City reserves the fight to maintain flexibility in the trolley schedule. The City reserves the right to add, delete and amend services and locations as necessary throughout the term of the contract. The initial service plan is estimated to be comprised of approximately 11,600 hours of service per year of operation. The Contractor shall include information regarding the daily supervisory needs and requirements to operate this service. Additional Services. The City reserves the right to utilize the trolley service to support special events. Proposals shah provide rates for such additional services by hourly rate for operations of additional trolleys provided by the proposer. Additional vehicles may be required during special events; the City has the right to add additional vendors if the Contractor is unable to meet the needs during those times. Non Scheduled Stops. Trolley vehicles shall not be used to pick up or drop off passengers or Service Provider's employees at unscheduled locations without prior written authorization by the City, except in case of emergency, equipment failure, or direction of civil authorities. Spare Vehicles. Service Provider shall provide a spare vehicle in the event of a vehicle breakdown. The City does not require that the spare vehicle be identical to the other four vehicles in regular service however, it is preferred that the spare vehicle be similar in appearance if possible so as not to confuse ridership. 44 Operations and Management Supervision: In addition to the rights and obligations stated elsewhere in this RFP, the City shall have oversight of Service Provider's performance including; g P 9 • Monitoring: Monitoring the records, facilities, personnel, timetable adherence and equipment developed or used by Service Provider in the performance of its obligations under this Agreement. • Inspection and Removal: Inspecting any equipment at any time, and remove from service any equipment, which in the City's sole discretion, is in an unacceptable condition. • Temporary Service Adjustment: At the City's sole discretion, the City may direct Service Provider to cease operation, alter destination and/or alter the route of any shuttle or buses operated under this Agreement. Service Provider shall resume normal operation of any shuttle or buses only upon receipt of approval from the City. ■ Employee Removal: At the City's sole discretion, the City may direct Contractor to remove any service employee for conduct unbecoming an employee as stated herein. • Employee.Breaks and Rest Periods: Contractor shall abide by all federal and state laws regarding employee breaks and rest periods. Service Provider's proposal should accommodate appropriate rest and meal break periods for employees with minimal impact to scheduled service when possible. This may include providing relief drivers and should be accounted for in the cost proposal if necessary. Vehicle Specifications, Maintenance and Repairs: Rollino Stock. The City has not made a determination of the specific type of vehicle to use for this program. That determination will be made through this RFP process. Submitters are encouraged to submit multiple fleet options with pricing for the City's consideration provided they meet the requirements set forth in this RFP and can accommodate at a minimum of 22 seated riders inclusive of ADA requirements. Note also that preference will be given to vehicles using alternative fueling sources to gasoline or diesel. There is the availability of CNG at a large fueling station at the Palm Springs International Airport. Age of Vehicles. When providing a list of proposed vehicles, include the age of the vehicle within the proposal. ADA Access. All vehicles used for shuttle service must meet ADA requirements for public transit service or provide reasonable accommodations. All vehicles used for shuttle service must be wheelchair accessible and must be configured to transport at feast one (1) wheelchair passenger at any time. Vehicle Inventory. Service Provider shall provide the City a detailed inventory of the four (4) primary vehicles to be used for the shuttle services required herein as well as the one (1) spare vehicle that is not required to be identical to the four primary vehicles. Said inventory list shall include the Vehicle Identification Number, month and year of chassis manufacture, make, model, wheelchair capacity, seated capacity with one (1) wheelchair position in use, maximum seated capacity, description of wheelchair accessibility features (ramp, lift, securing system). Identification. Primary Vehicles shall display removable signage provided by the City. This signage may be removable magnetic signage that could be removed when not in use, or a full 8 45 vghicle wrap depending on the type of vehicle proposed and the availability of the vehicle proposed. This signage shall be displayed on the two sides of the primary vehicles at all times during shuttle service operations as well as on the front and rear of the vehicle if applicable. City reserves the right to modify this signage depending on the type of vehicle selected. Vehicles may not display the Contractor's logo; however, when required by applicable laws or regulations may display the Contractor's name and vehicle identification number. When in shuttle service, the interior of primary vehicles shall be signed with service identification including; City of Palm Springs and the route name as instructed by the City. In addition, primary vehicles shall have interior signage approved by the City stating; "For Service Comments, Contact 760- and, "This is a free service to passengers. Drivers cannot accept tips." All City of Palm Springs identifying signage shall be removed when vehicles are not in use for the City of Palm Springs Trolley service. Vehicle Qualification. Any vehicle proposed as a primary vehicle must receive an inspection and approval from the City's Project Manager or his/her designee prior to use for shuttle services upon execution of contract. Vehicle Seatina Reguirements The City will require a minimum seating capacity of 22 seated passengers including one (1) wheelchair. The City's preference, but not a requirement, is for perimeter seating rather than rows of seats. Vehicle Resection. The City's Project Manager, at his/her sole authority, may notify Contractor to remove any primary vehicle from service for non-compliance with the vehicle requirements of this Agreement. Contractor shall replace said primary vehicle with a City approved vehicle within thirty (30) calendar days. A suitable replacement vehicle will be placed in service during the hiatus to avoid interruption in service. Vehicle Maintenance Plan and Practice. The Contractor shall maintain all components of each vehicle including its body, frame, furnishing, mechanical, electrical, hydraulic or other operating systems in proper working condition free from damage and malfunction. The Contractor shall replace and repair immediately any vehicle damaged in any accident or other damage which impairs the proper and safe mechanical operation of the vehicle. The Contractor at its sole cost and expense, shall maintain inventory of and provide fuel, lubricants, repairs, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services (depending on the level of service agreed to in the contract). Vehicles must be kept clean including exterior washing at least weekly, with the vehicle interiors swept or vacuumed daily to remove all dirt and debris. The City requires servicing of all vehicles at successive 6,000 mile intervals or the recommended vehicle manufacturer's specifications, whichever is lower. A more extensive inspection and servicing shall take place at 12,000 mile intervals or as specified by the recommended vehicle manufacturer, whichever is lower.. In the event that towing of any vehicle Is required due to mechanical failure or damage, Contractor shall be responsible to provide such towing at Contractor's sole expense. Daily Repairs. The passenger amenities and safety appliances listed below shall be functionally inspected each calendar day on all vehicles which are dispatched for shuttle service and/or Extra service. Defects shall be remedied as an integral part of the inspection process prior to dispatch. • General illumination lights • Headlights • Indicator lamps • Warning lamps • HVAC 9 46 • Upholstery condition • Seat frames • Windshield wipers • Emergency lights • Signage • Fluids (levels only) • Safety appliances • Wheelchair lift/ramp function • Wheelchair securing devices Under no circumstance shall a vehicle be dispatched for shuttle service and/or Extra service with any amenity or safety defect. A record of all such inspections shall be maintained by the Contractor and be made available to the City at the City Project Manager's request. Air Conditioning Standards. The Contractor needs to be mindful of the temperate wintertime temperatures and extreme summertime temperatures in Palm Springs. All shuttles shall have working cooling systems which shall be available during all times the shuttle is in service. Cooling systems shall be capable of maintaining the interior temperature of the shuttle at 77 degrees Fahrenheit. With passengers on-board, regardless of the outside temperature, the interior temperature of the shuttle must be no greater than 80 degrees Fahrenheit within sixty (60) seconds of closing the shuttle doors. Cleaning. All shuttles shall have had a minimum of a daily cleaning when made available to the City for service. Refuse, newspapers and other recyclable material remaining on board shall become the property of the Contractor. However, items of specific interest to the City and other authorities, e.g. illegal drugs, weapons, illegal substances, shall be retained as these entities request. At least once weekly, primary vehicles used to provide shuttle service under this Agreement must receive a detailed cleaning. Weekly cleaning, at a minimum, must include the following: • Exterior Wash • Interior windows cleaned • Mopping of non-carpeted floors with clean water and appropriate cleaning solution • Vacuuming of carpeted floors • Wiping down of non-upholstered seats with clean water and appropriate cleaning solution • Vacuuming of upholstered seats • Wiping down of all hand rails with clean water and appropriate cleaning solution Upon beginning route vehicles shall meet the above appearance conditions. Service Modifications. The City may change the scheduled service hours/days during the pilot project. The City will work together with the Contractor to plan for any scheduled service hour or day changes and provide proper written notice to the Contractor In advance. The proposer should note that the City conducts a weekly Thursday night street fair along Palm Canyon Drive, when the street is closed to vehicular traffic, and a number of weekend street closure events along Palm Canyon each year. The development of a well-publicized alternate route for those periods will be one of the keys to the success of the pilot program. Customer Service. Vehicle operators shall be familiar with their shuttle route and shall answer passenger questions in a courteous and informative manner. Vehicles providing shuttle service stated herein shall maintain a supply of literature provided by the City including but not limited to SunLine schedules, trolley route maps and schedule. Said literature shall be displayed in appropriate receptacles approved by the City and be available to passengers upon request. Contractor shall coordinate with the City to ensure an adequate inventory of literature. 10 47 Marketing. The City will assume all responsibility for marketing the public use of the Palm Springs Trolley Service operations through advertisements or other promotions. Contractor will place City approved promotional materials, public information notices and advertising materials in interior areas of the primary vehicles pursuant to procedures established by the City. Advertising. Contractor shall not utilize the interior or exterior of primary vehicles operated in shuttle services for the display of any written or printed advertising, promotional material, or public information notices unless authorized by the City. Damage to Property. Contractor shall take care to not damage the Trolley customer's property (e.g. bicycles) while performing transportation services. Contractor shall be responsible for all damage to the Trolley customer's property caused by actions or inactions of the Contractor. Contractor shall take care to not damage the City of Palm Springs property (e.g. station signage) while performing transportation services. Contractor shall be responsible for all damage to City property caused by actions of the Contractor. Proiact Manager. Contractor shall designate a Project Manager who will oversee the complete operation of services detailed herein and be the primary point of contact for the City or its agent. The Contractor shall provide the email address, land line and cellular telephone number of its Project Manager prior to beginning service. The Contractor will also provide the email address, land line and cellular number of an emergency contact that the City may use 24 hours per day, 7 days per week in the event that contact is required outside of normal business hours. The Project Manager shall have at least five (5) years experience in bus/shuffle service operations. The Contractor shall provide In resume format, background information on this individual to include his or her direct experience with similar projects. Contractor must notify the City within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. Contractor must replace Project Manager with an interim Project Manager within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. Contractor shall make every effort to permanently fill vacant Project Manager position within thirty (30) days. Replacement Project Manager must be approved by the City. Vehicle Operator Responsibilities• Responsibilities and Duties of Vehicle Operators include but are not limited to: • Operate the vehicles in a safe and timely manner; • Be courteous to all passengers and the general public; • Cooperate with the City's project manager and City agents; • Distribute or collect handouts, surveys, etc. as may be required; • Be neat and clean and in proper uniform; • No acceptance of gratuities; • Have a thorough knowledge of route schedule; • Make service announcements as requested by the City; • Do not or allow passengers to smoke on vehicles; • Do not permit loud or raucous behavior on the vehicles; • Count and record passenger boarding for each trip; • Provide service free to all passengers; • Maintain route and timetable without deviation; • Inspect his/her vehicle for functionality and safety prior to each departure from the garage; • Assist passengers boarding and exiting vehicle as needed; I1 48 • Operate the wheelchair lift for passengers requiring or requesting such service (whether they are in a wheelchair or not); and • Secure wheelchair passengers using vehicle securing devices. Reportina Requirements: Reporting and Recordkeepinq Requirements. The Contractor shall maintain complete and accurate records of all operator services and other Agreement activities carried out during the Agreement period. Contractor shall maintain records of all maintenance of primary vehicles. The Contractor must supply the following reports to the City as the City requests. The format of these reports shall be developed by the Contractor and subject to the review and written approval of the City. Immediately.• • Loss of life, injuries, stoppage or major disruption of service. • Any order imposed by a competent regulatory authority which prevents the continuation of service. Daily.• • Daily operator reports are relevant back up information to the monthly program reports. The content and form of the operator reports shall be mutually agreed upon by the City and Contractor and would typically include hourly ridership information and total miles traveled. Monthly Program Reports. • On the tenth working day of each month, Contractor shall submit to the City a Monthly Program Report documenting the amount of services provided in the previous month, a project cost report documenting the cost of services provided in the previous month and an invoice. Typical reports shall include, at a minimum: • Route mileage • Daily ridership • Hours of service • Customer service statistics • Service incident summaries • Service evaluation analysis • Customer comments, complaints and resolutions • Safety performance • Accidents or safety issues will be reported immediately to the program manager • Maintenance performed • Missed trips Invoices. The Contractor will be required to provide the City with monthly invoices for service with copies of time records and other documents necessary to support invoices for each route. Management Meetings. Upon contract award, monthly management meetings will be held between the City project manager and the Contractor's staff to review the previous month's data and reports, exchange information to coordinate service effectiveness and resolve any pending issues affecting the provision of service. Customer Service. The Contractor will be required to maintain a local public customer service telephone number which can be advertised as the main source of information for the service. Additionally, the Contractor will create a website page for information and feedback that will be available online to the public. The City will provide a link from its website to the Contractor 12 49 webpage created for this purpose. All costs associated with this service shall be borne by the successful Contractor. Program Responsibility Point of Contact The City will identify in writing the name and contact Information for the individual(s) designated as The City's administrator for the contract. 4. PROPOSAL REQUIREMENTS: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified In the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and Indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. 5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as identified In the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. 'PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted. 6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): A. Firm / Staff / Team (including any subcontractors) Qualifications and experience In providing similar services and equipment as defined in the RFP, including References (15 POINTS) B. Proposal Organization, conformance with the RFP instructions, and demonstrated Understanding of the overall project and requested Scope of Work (10 POINTS) C. Work Proposal, including detailed proposed methodology and approach, inclusive of all necessary equipment, materials and labor necessary to provide the trolley services as requested in the Scope of Work. Include discussion on themed experience for riders; specific detailed equipment information and photos; service continuity plan; and specific tasks required of City staff, as more fully described in Section C. (25 POINTS) D. Detailed Project Schedule, including equipment lead-time, in order to implement the project if awarded the contract. (15 POINTS) E. Local Preference (5 POINTS) Firms that qualify as a Local Business, or employ local sub- consultants, and submit a valid business license as more fully set forth in Section FA below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (6) points, mayl be awarded to those that qualify as a Local Business. Two (2) points may be awarded to a non-local business that employs or retains 13 50 local residents and/or firms for this project. Non-local farms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. F. Cost Proposal (30 POINTS) PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 % X 11 format, using a 12-point font and may be no more than a total of thirty (30) sheets of paper(double sided Is OK), including a cover letter. NOTE: Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda acknowledgments, requested Photos and the separately sealed Cost Proposal do NOT count toward the page limit. Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5) copies) of both your Technical/Work Proposal and your Cost Proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, "RFP #12-14, REQUESTS FOR PROPOSALS FOR TROLLEY SERVICES PROVIDER°. Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Technicalftork Proposal. Proposals not meeting the above criteria may be found to be non-responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope #1, clearly marked "Technical/Work Proposal", shall Include the following Items: • Completed Signature authorization and Addenda Acknowledgment(see Attachment A) • If applicable, your specific request for Local Preference (see Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. TECHNICAL/WORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be clearly marked and shall Include the Sections A, B, C, D and E SECTION A: FIRM, STAFF, TEAM (including any subcontractors) QUALIFICATIONS AND EXPERIENCE, INCLUDING REFERENCES A.1 Follow the instructions and properly complete and execute Loth Attachment "A" and Attachment "B" that are provided in the RFP and include them here in your proposal. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley is to also be included here. A.2 Describe the firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with relevant projects successfully completed of similar size and scope. 14 51 A.3 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub-contractor's qualifications, background and specific expertise that they bring to the Project. A.4 List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications, including a resume, of the Project Manager that will be assigned to the Project. A.5 Include at least three (3) references. You must include the name of a contact person, their title, and a current phone number and email address along with a brief description of project associated with the reference, including the role of the respective team member, and the project start and end dates. SECTION B: PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED SCOPE OF WORK BA Carefully review and verify that your proposal is well organized and follows ALL OF THE INSTRUCTIONS on proper organization, format, order, and conformance with all requirements, including any and all required signatures, attachments, acknowledgements, or other documents that are required to be submitted. Failure to follow the instructions may result in your proposal being non-responsive and rejected from consideration. 8.2 Without reciting the information regarding the Project verbatim as contained in this RFP, convey your overall understanding of the Project and an understanding of the Citys expectations upon implementation of the Project. B.3 Identify any "key" or "critical" issues that you believe may be encountered on the Project based on the firm's prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the Project. SECTION C: WORK PROPOSAL CA Proposer should refine and/or expand the Scope of Work to reflect their understanding of the project and include a detailed technical work proposal, including proposed plan, methodology and technical approach, inclusive of a detailed proposed equipment list, all other material and equipment , and all labor (work plan), including administrative duties, necessary to fully execute and provide the trolley services as requested in the scope of work. Identify all tasks and sub-tasks required to successfully implement all phases of the project. C.2 The project calls for a themed experience for riders of the Palm Springs Trolley Service. Describe, in general, how your company will partner with the City to provide such an experience. C.3 The City has not made a determination of the type of vehicle to use for this program. That determination will be made through this RFP process. Submitters are encouraged to submit multiple fleet options for the Citys consideration provided they meet the requirements set forth in this RFP. Describe In detail the make, model, year, fuel type, capacity and other details of each vehicle proposed for use. You must provide information on at least four (4) identical vehicles available to service the program. Provide at least one (1) clear, color, interior photo and at least one (1) clear, color, exterior photo of each vehicle at a minimum size of 5 x 7. (Professional printing is not necessary, but pleaso incorporate the photos into your submission). 15 52 Indicate the location at which vehicles will be housed when not operating as the City of Palm Springs Trolley Service. The City reserves the right to inspect vehicle storage location with proper notice given to the Contractor. Note that preference will be given to vehicles using alternative fueling sources to gasoline as well as possible Trolley type vehicles. CA Describe in detail the methods to be used by drivers and the program operator for ensuring continuing service during mechanical difficulties or breakdowns that affect the program during or before/after shuttle operating hours. Further describe how the operator will remain in contact with the City's project manager(s) during shuttle operating hours. C.5 Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work, SECTION D: PROJECT SCHEDULE DA Proposer shall provide a detailed Project Schedule, including all tasks and sub-tasks, as well as equipment lead-time, in order to implement the project if awarded the contract. D.2 Discuss lines of communication necessary to maintain the project schedule. Discuss the key issues that could impact the schedule and ways to minimize or eliminate them. SECTION E: LOCAL PREFERENCE E.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, o the o San Jacinto and Santa a to Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST reauest the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility. E.2 List all team members with local expertise. Clearly define their role in the overall project. 16 -5 3 COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a separately sealed envelope and shall include Section F below: SECTION F: COST PROPOSAL (*see Instructions In Section 6 above and Attachment "C') F.1 The cost proposal (in a separate sealed envelope, with 6 copies, 1 marked "original") shall be a Total Cost proposal to operate the Trolley service for a 1 year(pilot) period. The cost shall be broken down and itemized showing the separate costs for Labor, all Equipment, Equipment Maintenance, Equipment Fuel, Storage Facility/Location cost, and any and all other associated costs to provide the Trolley service. The above mentioned costs MUST be specifically itemized and identified rmaintenance "fuel", `storage facilityllocation"etc.)in order for your Proposal to be considered responsive. Failure to do so may result in the rejection of your proposal. The City may negotiate the costs and structure of various components of the program if it deems it to be in the best interest of the City. PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment "C" provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachment "A" or Attachment "B" in the Cost Proposal, Envelope #2,. Attachments "A" and "B" are to be included in Envelope#1, "Technical/Work Proposal". 8. GENERAL AND SPECIAL CONDITIONS: DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, FEBRUARY 25, 2014. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. it is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and Identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahqultz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below VVILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Craig L. Gladders, C.P.M., Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(&Dalmspringsca oov 17 54 Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, Tuesday, February 18, 2014. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "E"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties. The term of the agreement that is awarded as a result of this RFP shall be in effect for one (1) year during the pilot program, subject to the option to extend the agreement at the mutual consent of the parties. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. if the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the scope of work, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and 18 ' 55 staff has recommended to the City Council the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NOW RESPONSIVE. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non- Collusion provided as Attachment "B" in the RFP and include it with their proposal. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the Insurance requirements, must be included in the proposal and clearly defined. Exceptions to the Citys RFP document or standard boilerplate 19 56 language, insurance requirements, terms.or conditions may be considered in the evaluatign process; however, the City makes no guarantee that any exceptions will be approved. 20 57 OF PAIh4 sp f �QZ V G1 N 1, 1f OIJIFORN\P' . REQUEST FOR PROPOSALS (RFP 12.14) FOR TROLLEY SERVICES PROVIDER ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Will the City of Palm Springs consider providing a parking/storage area for the trolley vehicles to park out at during the 1 year pilot program? A f: While the RFP indicates that the preference of the City is for the provider to secure their own location for the parking/storage of the vehicles (as well as any office facility they may require), the item may be open for discussion during contract negotiations with the successful firm. However, for the purpose of preparing a proposal, prospective firms should assume that they will be responsible for securing these facilities on their own. Q 2: Please provide the anticipated start date of the pilot program. A 2: The original anticipated start date for the program was April f, 204. However, the actual start date of the program will be dependent on the lead time for the procurement of vehicles by the vendor, if any, and any modifications -- Including wrapping the vehicles -- required by the contract. Q 3: Currently, our company installs Drive Cam (an event triggered device that records sudden stops, aggressive turning, or an accident) on all vehicles to manage unsafe driving habits and minimize accidents. Would the City object to the contractor installing Drive CAM on the vehicles? A 3: The City did not require Drive Cam in the vehicles in the RFP, however, the City would not object to their installation at this time. 58 Q 4: Please indicate whether billable time will begin once the vehicle leaves the contractor site or the time the vehicle arrives at the starting point. A 4: This is an item to be worked out in the contract negotiations. If the vehicles need to travel, for example, an hour each way to and from the shift from the storage facility, that will add significant cost to the overall operation -- and ultimately borne by the City either way, either through the vendor embedding that in a higher per unit cost or the City directly paying it as the additional time on the route. It is the City's desire that any vendor would store the vehicles as close to the route as possible Q 5: Is there a living wage ordinance in effect for this service that all bidders should factor for in their pricing? A 5. No. Q 6: "Effective 2014, the Affordable Health Care Act will incur significant costs to contractors in the area of personnel benefits. Since its signing into law in 2010, the Act has had little impact on bid pricing, and many contractors have chosen to disregard the cost implications of this act in price proposals. While we consistently budget these costs in our operations, our company has been challenged in procurements when competing against those companies whose price has been artificially lowered by failure to comply with the provisions of this law. In an effort to ensure compliance with the Affordable Health Care Act, we respectfully requests Palm Springs takes one of the following actions: • Mandate that all bidders comply (in both technical and price proposals)with the provisions of this act effective January 2014, and submit official certification of compliance; and/or • Provide benchmark costs per employee for healthcare obtained through the Affordable Health Care Act; thus ensuring that all bidders are using the same per person costs when projecting participation levels and overall cost relative to benefits; or • Provide adequate assurances that Palm Springs will open contract negotiations at the time that this Act impacts employers (and not before); thus allowing bidders to submit price proposals based on the current costs of doing business, with this Act not yet set into law. A 6: As provided in the RFP document, in the Contract Services Agreement, Section 1.2, the City expects that all contractors shall be compliant with all applicable federal, state and local laws: "1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations." Contractors are responsible for preparing their cost proposals taking into consideration their compliance with all applicable federal, state and local laws and therefore the City will not set benchmark costs per employee nor shall the City re- open contract negotiations in the future due to changing costs of doing business. Q 7: Please verify that there is no Disadvantaged Business Enterprise goal established for this contract and that a good faith effort is not required. A 7: There are no DBE requirements for this contract. 59 Q 8: Please indicate whether the City has space for 5 trolleys and office space for the contractor to use. A 8: See answer to Question #1. Q 9: Page 7 of the RFP states approximately 11,600 hours. Should all bidders use 11,600 as the baseline for the pricing submittal? A 9: The City anticipates that the program would operate 11,600 hours over the First year of the pilot program. However, the City also wants to retain the ability to increase or decrease the level of service even during the pilot period, based on usage and experience. The proposer should discuss how their per unit cost would be handled in each event, Le. If service levels were increased it Is likely that they could be increased at the some per unit cost as the baseline cost. On the other hand, a decrease in service may have a more unpredictable effect on pricing and the proposer should discuss what those factors may be. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Giadders, C.P.M. Procurement & Contracting Manager DATE: February 13, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. 60 PALM OF sq IM r Cq(lFORN\P . REQUEST FOR PROPOSALS (RFP 12-14) FOR TROLLEY SERVICES PROVIDER ADDENDUM NO. 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto. Q 1: Are there any technology requirements for the communication system? A 1. No. O 2: Does the Project Manger need to be located in Palm Springs? A 2: No, however, he/she must be readily accessible and able to respond in the event of an incident, or at the request of the City. Q 3: Does the city have an anticipated amount of service hours for special events? A 3: No, however any additional hours of service beyond the baseline in the . RFP will be negotiated between the City and vendor at a unit cost. Q 4: Will the special events take place during the normal service hours of the trolley service? A 4: Yes, it is possible that special events will take place during the normal service hours of the trolley service, however, not all special events will take place during trolley service hours. See answer to Question 3 regarding any additional hours of service. 61 Q 5: Page 5, second paragraph, last sentence, states the city would be willing to negotiate on some of the "full service" items at a later time. What specific items would the city be willing to negotiate on? A 5: At this time, the City is requesting that all items be priced as part of your proposal. The specific Items will largely depend on what information we receive from the proposers to this RFP and therefore we cannot speculate at this time as to which Items maybe negotiated, if any. Q 6: If the city is willing to negotiate on parking space, would it be at a discounted rate or at no cost? A 6: At this time, the City is requesting that all items, Including parking/storage space, be priced as part of your proposal. Do not assume that the City will be able to provide parking or storage space, or that it would be provided at a discounted rate or no cost by the City. Any negotiation on this topic would not be considered until after the City has reviewed all of the proposals received. Q 7: Does the city currently have available parking space to determine if negotiating is even a possibility? A 7., See answer to question# 6 above. Q 8: Page 11, under damage to property, states "customer property (e.g. bicycles)" however the bus specs don't include a bike rack. How does the city anticipate bike storage of riders to be handled? Would the city find it acceptable for riders to put bikes inside vehicle? A 8: it would be the City's preference to store bikes on bike racks on the outside of the bus. We would not find it acceptable for riders to bring bikes inside the vehicle as that would take away space for passengers to board during busy periods and take away from the passenger experience that we are trying to achieve. Q 9: For cost purposes does the city know how long the loop takes? A 9: The City estimates. subject to change, it will take approximately one (1) hour to travel a complete rotation along the proposed route. The proposed route is approximately 14 miles long and it is anticipated that with stops, the trolley/bus would travel at approximately 13 miles per hour. It is our expectation that more detailed testing of the route, including the use of an actual bus with stops in place and passengers boarding/departing, would be carried out by the selected vendor prior to finalizing the route, number of stops and required headway. Q 10: Has the city determined whether or not the required headway can be met with four buses in service? A 10. See response to question #9 above. Q 11: Can the city provide a list of tentative stops so that contractors may run miles and time calculations? A 11: The City does not have a list of tentative stops at this time, however we 62 anticipate between 10 and 20 given the length of the route and the desire to keep the timing for one complete rotation at approximately one (1) hour so that with 4 vehicles, the wait time will be 15 minutes or less. The exact locations will be determined taking into consideration ADA accessibility, existing bus stops, ease of access in and out of traffic, and other considerations that will need to be evaluated in greater detail prior to program launch. Q 12: Does the city anticipate putting out a long term contract if the pilot program is successful? / A 12: Yes. Q 13: Number of planned stops. A 13: See answer to question # 11 above. Q 14: Will there be service during holidays? A 14. Yes. Q 15: If the city decides to have the vehicle wrapped, who will be responsible for the expense? A 15. The City. Q 16: Is the city able to provide CNG or unleaded gasoline as a way to mitigate expenses? A 16: No. As stated in the RFP, the Service Provider shall provide 'full service", including fuel. Q 17: Can the city provide overnight/off line parking for the shuttles? A 17. See answer to Question #6 above. Q 18: Please forward a different route map. The one provided with.the RFP not legible. A 18: The City posted a very clear, legible route map to the City's website on February 3'" as a result of feedback during the pre-proposal conference held earlier that same day. We have no clearer map to provide, but encourage you to open and view the pdf route map as posted on the website at www.oalmsorinosca.aov Click on Government, then Departments, then Procurement & Contracting, Open Bids and Proposals. The route map is posted with the Trolley Services Provider RFP 12-14 documents. Q 19: During the meeting, there was reference made to a similar program being provided at WeHo, is it The Pick Up service? A 19. Yes, the West Hollywood program is called 'The Pick Up"service. Q 20: Will a firm commitment to hire local employees help the vendor qualify for Local Preference? A 20: The issue of Local Preference is clearly explained in the RFP document on 6 3 page 13, Section 6, "Proposal Evaluation Criteria", item E. Local Preference is also discussed In more depth on page 16, item E.1 "Local Preference". Please carefully review these sections. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: February 19, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. 64 EXHIBIT "C" CONTRACTOR'S PROPOSAL 65 720669.1 Unconditional Satisfaction Guaranteed Warranty .MKP MV T'RANNGI�TA970►/,INC. MV Transportation is pleased to provide the following unconditional warranty to the City of Palm Springs'. In the event MV is selected to provide services pursuant to the City's.Request for Proposal for Trolley Services Provider, in addition to any contractual warranties and remedies that 40 , the City.is entitled to under the contract, MV will warrant its service as follows: In the event the City is dissatisfied with MV's service for any reason during the term of the contract, the City may terminate the contract. In the event the contract is so terminated, MV.will refund to the City any and all profits made by MV resulting from this contract, during the final 12 months during the period.prior to the termination. 66 Proposal to City of Palm Springs for Trolley Services Table of Contents Section A:Firm, Staff, Team(including any subcontractors)Qualifications and Experience,Including References.... ......... ......... ......... ..I...................... ..........,.......... ....................................... .3 A.I. Attachment A, Signature Authorization Form and Attachment B,Non Collusion Affidavit Form ....3 A.2. Firm's Background and Qualifications............................ ..... .. ...... ...:.....3 A:3. Subcontractors ......... 5 A.4. Key Staff ........ ...,.. ................:.. . . :...:.. .,:..:..5 A:5: References...:. ......... ::::................................... ... 6 Section 0:Proposal Organization,Conformance with RFPlnstructions,and Demonstrated Understanding of the Overall Project and Requested Scope of Work............................... ................................. .........7 8.1. Conformance of Proposal Submission ......... ........: ......... ......... .........7 B:2. Overall Understanding of Project.:..: .......................... .....;..: ......... . . ....... .. .......7 B:3. Critical Challenges ......................... :....... :..:..7 Section C;Work Proposal. ......... ......... ......... ......... ......... ......... .........9 C.1. Addressing Scope of Work . 9 C.1:a: Vehicle Operator Responsibilities........................................................................................18 13.1.15. Reporting Requirements............................................................................ ....................21 C.2. Providing Quality Passenger Services.............................................. ......... .. . .. . .............22 C.3. Vehicle Specifications...:.................................:.. ......... ......... .. ... .... ......... .........22 CA. Ensuring Service Continuance During Service Disruptions ................................... ..................23 C:5. Responsibilities of City and MV.......................................................... ......... .... . ... ...... ....24 Section D; Project Schedule ... ........................................ .26 D:1. Startup Schedule ......... ........: ......... ......... ......... ..................26 D.2. Lines of Communication.:... ......................... ......... ........ ......... .....:............26 Section Ei Local Preference ................................................................................................ ....::...........27 E.1. Attachment ....... .......:. .:.:.:... ......................... ........: ......... ..................27 E.2. Project Oversight. ......... ......... ........ ......... ......... .................27 Section F:Cost Proposal...... F.1_ Attachment C........................ ......................................... ......... ......... .................29 Page 1 G 7 MV TfiANlpO( ATION,ANC. Proposal to City of Palm Springs for Trolley Services Cover Letter February 21,2014 Mr. Craig Gladders,C.P.M. Procurement&Contracting Manager Office of Procurement&Contracting 3200 lust Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Gladders MV Transportation, Inc. and all subsidiaries, joint ventures, partnerships and affiliates, (or WTV &early appreciates the opportunity to submit its;proposal in response to the City of Palm Springs' .Request for Proposal plumber 12-14 for Trolley Services .Provider. I am hopeful that MV's demonstrated breadth of experience.and tenure in the industry offers assurance that it is a stable and qualified partner. As required,.MV's proposed operating plan.is contained herein. This plan follows RSV's guiding management philosophy that service quality need not have a direct relationship to operating cost; rather it is created from a positive work environment that supports proactive employee relations.and professional development I.am the senior vice president authorized to make representations for MV Transportation, Inc., to include all its subsidiaries,joint ventures, partnerships, and affiliates (the bidding entity); I am the City's secondary contact and I can be reached any time .of day at (623) 340-3209 (phone) or joe.escobedo@mvtransit.aom (email). Justin Pate, vice president is your primary contact for this procurement and.he can be reached any time of day at (214) 662-0499 (phone) or justin.pate@mvtransit.com (email). Please direct all correspondence related to this and all future procurements to MV's.bid office located at 479 Mason Street,Ste.221 Vacaville,CA 95688. Thank you for your,consideration;I encourage you to.select MV Transportation as your partner for the provision of the City of Palm Springs' Trolley Services. We loop forward to working with you throughout this procurement. Sinceraly, Ja cobedo,Jr. S or Vice President Page 2 8 MV TNANSP "ATICN.INC. Proposal to City of Palm Springs for Trolley Services Section A: Firm, Staff, Team (including any subcontractors) Qualifications and Experience, Including References A.1: Attachment A;Signature Authorization Form and.Attachment B,Ikon Collusion Affidavit Form MV has included a signed Attachment A, Signature Authorization Form and.Attachment B, Non Collusion Affidavit Form at the end of this section. A.2. Firm's Background and Qualifications MV Transportation,.Inc; was founded in 1975, in the San Francisco Bay. The owners and original founders, Feysan and Alex L,odde, formed an agreement with the.City. of San Francisco to provide transportation to persons with disabilities. The L.oddes acquired three vans and pioneered transportation of persons with:disabilities in the Bay Area 15 years in,advance of the historic passing of the American with'Disabilities Act into law in 1990. Over the next two decades the company grew from a local company to a national multimodal transportation provider. In total, MV Transportation, Inc. and its subsidiaries.have been providing transportation services for 58 years. Today; the company remains the nation's largest American-owned passenger transportation company. The MV name represents MV Transportation, Inc. and its affiliates, which include MV Public. Transportation, Inc., MV Contract Transportation, Inc.; MVT Canadian Bus, Inc.; and Reliant Transportation,.Inc. Success and Accolades MV has been recognized by industry associations, community organizations, and businesses across the U.S. for its successful operations. In recent years, the companny has been recognized for its part in the development of local minority owned,women owned, and small businesses. In the fall of 2013, its customer, the Greater Orlando Aviation Authority, recognized MV as the 2013 Small.Business Advocate of the Year. This honor recognizes MV s commitment to promoting small businesses: In Houston Texas; MV is actively involved as a mentor for the Interagency Guiding Proteges to. Success Program(IGPS). This joint venture of the Metropolitan Transit Authority of Harris County (METRO), the City of Houston, the Houston Independent School District, and the Port of Houston Authority builds meaningful relationships between established companies like MV and local small businesses, as well as minority owned and women owned'businesses. ' In 2007, the Conference of Minority Transportation Officials (COMTO) selected MV as the Corporate Citizen of the Year. MV also received the prestigious MSVP Quality Excellence Award for the Microsoft Corporation for its shuttle work in Redmond, Washington. Additionally, Inc. Magazine featured MV in its List of America's Fastest Growing Companies, and Black Enterprise Magazine B.E. included MV in its 100list for eight consecutive years. Calabasas Customer Prorle MV and its affiliates contract with cities, counties, special-purpose districts (both chartered and governmental), federal agencies, as well as private companies to provide customer-focused passenger Page 3 6 9 MVTRANZv RTATON.INC. Proposal to City of Palm Springs for Trolley Services transportation services. The company s history of satisfied.customers and solid financial backing demonstrates its reliability and stability as a strong corporate partner. Further, the organization's dedication to serving the transportation needs of individual communities is evident in its operations and manifests in a myriad of functional approaches that promote customer care, lever-age new technologies,recognize best practices, and control operating costs. While each of MV's customers differ in size, service mode, scope, fleet-composition, and operating environment, each trust MV to provide safe, reliable, professional transit service. Those customers with operations most similar to those of the City are listed as references. Breadth of Experience MV offers effective solutions in passenger transportation to cities,.counties; transit agencies and private companies. .Its. breadth of experience encompasses fixed route, flex route, shuttle service, commuter service, as well as disabled transportation/paratranstt demand response, brokerage and call center service, and non-emergency Medicaid transportation (NEMT/NE'I). Most of MV's operations include the provision of ancillary services, including bus:maintenance, trip reservations and:scheduling/call:center, operator training, transit technology and support, facility management and maintenance, among many other services common to ttansit.contracts. MV operates more than 140 contracts in North America that have either fixed route, flex route, commuter bus, and/or shuttle components. its scope of operations comprise Fairfax County's CONNECTOR service, Orange County Transit Authority's (OCTA).Express Bus and Stationlink services, and the RTC of Southern Nevada's Fixed Route services in Las Vegas,Nevada. Within the Southern California/greater Los Angeles Metropolitan area alone;MV operates more than 700 fixed route transit buses; and provides more service than any other contractor on behalf of the Los Angeles Department of Transportation (LADOT). Relevant Project Experlence Please refer to the company's trolley experience specific to the City of Palm$prings outlined below. San Pedro Downtown Trolley Service, San Pedro Historic Waterfront Business Improvement District (San Pedro, CA) MV began operation of trolley fixed route services for the San Pedro Historic Waterfront Business Improvement District in 2012. This free service provides transportation for tourists and residents throughout the San Pedro downtown area, connecting passengers to galleries, museums, shops, restaurants, and other local attractions. Using two trolley vehicles,this service runs year-round,with expanded service during the summer months. Fixed Route and Call-A-Ride Services, City of Morro Bay(Morro Bay, CA) MV has provided transportation services for the coastal City of Morro Bay,since 2001. MV operates a fixed route service within City limits, as well as the Call-A-Ride, a general public, curb-to-curb deviated fixed route service. MV also operates a trolley during the summer months, which transports visitors and residents to the waterfront, downtown business districts, and local State Parks. In 2010, MV led the effort to transition the City's demand-responsive dial-a-ride service to a deviated fixed route service. This effort included research and planning, and has resulted in reduced costs for the City while continuing to meet the needs of the riding public. Page 4 MV TMNSPORTATION,INC. Proposal to City of Palm Springs for Trolley Services Dial-a-Ride and Trolley Services, City of Beverly Hills(Beverly Hills,,CA) ,Since 2002,MV has provided transportation services for the City of Beverly Hills,including Dial-A- Ride and trolley services. The trolley services operate on a fixed route and offer passengers a narrated tour.of art, architecture, historical, and popular areas of the City. The curb-to-curb Dial-A- Ride shuttle is available for seniors and persons with.disabilities.. . The Beverly Hills services are delivered with a seven-vehicle fleet comprising cutaways and trolleys.MV is currently in its second contract term with the Cit y. Monterey-Salinas Transit(Monterey, CA) MV has provided transportation services to Monterey-Salinas Transit (MST) since 2004. MST represents a large.ttanspoitation network cove all of the Monterey Peninsula and surrounding entig areas and is now an international tourist destination. .Comprising.the MST RIDES ADA and ST Patattansit/services, as well as fixed route, Senior Shuttle, Medical Trips, and Trolley Services; this network connects passengers to major areas of interest,. including 1oca1 universities, shopping centers,hospitals,and tourist destinations. MV provides management, operations,maintenance, and call center functions for these services. With a number of notable and world-famous attractions, including the Monterey Bay Aquarium Carmel-by-the-Sea, Brg Sur Coastline, 17 Mile Drive; Pebble Beach, Mazda Raceway Laguna Seca, National Steinbeck Center, and others, Monterey County has long attracted tourists, artists, and authors throughout its long history. The year-round influx of these visitors underscores the importance of a reliable transportation network that will connect passengers to their destinations. A:3. Subcontractors W will subcontract maintenance operations to Automotive Service Center for the complete maintenance and repairs of the City of Palm Springs' revenue vehicles: Automotive Service Center is located at 661 S.Williams Road, #3,Palm Springs,CA 92264. In business since 2004, Automotive Service Center employs ASE Certified Mechanics, is an ASE Master Certified Automotive Specialty, and is a Certified Tech-Net facility. They are open 6 days a week and provide and emergency and towing services 24 hours per day,7 days per week. A,4. Key staff Keith Everage, Jr., Project Manager MV is pleased to present Mr. Keith Everage as. the project manager for the provision City of Palm Springs trolley services. Keith brings nearly seven years of bus and shuttle service operations managerial experience. Keith is the current general manager for the City of Burbank's fixed route services,His management of this system comprise oversight of an average ridership of 21,000 passengers, a budget for 17 CNG fleet bus' system, 18 vehicle operators; and 4 staff personnel He manages NTD, MR-20 and BRT reporting, customer service inquiries and processes complaints. Prior to this,Keith was the operations and marketing manager for the City of Burbank's fixed route and Dial-A-Ride services. In this capacity; Keith served as the primary liaison to sites that serve as major trip generators, and worked closely with agency personnel to promote,organize,:and educate Page 5 MVTMNBPORTATYON,,NC. Proposal to City of Palm Springs for Trolley Services the community in 'benefits and convenience of the Cityride services. Irfr. Everage has forged significant and positive relationships throughout the service area, thus coordinating service to improve productivity and reduce costs while accommodating the, needs of the senior and disabled .passengers within the LADOT service area. Keith is a graduate of the California State University, Northridge and holds a Bachelor of Arts in Joumalism:and. Communications Studies. Keith served as a. Counselor/ Assistant Sports Director for the Open Arms Institute. He holds a certificate in Transit/Parattansit Management, a Bachelor of Arts in Journalism and Communication Studies, and is trained in FTA Reasonable Suspicion and workplace I tbics in the Workplace. Please find Keith's resume in at the end of this section. k5.. References Please refer to the table below depicting each company reference with the required detailed informarion. rInd Monterev-Salinas srjlvre Services Cusforrrer San Pedro Historic City of Morro Bay City of veriy,Hills Monterey-Salinas Waterfront BID Transit Contact Name' Mr. Stephen Ms. Janeen Ms. Martha Eros Mr. Robert Weber Robbins Burlingame Title Executive Director Management Transportation Director of Analyst Planner Transportation Phone: 310 832-2183 805 7Z2 6263 370 285 25d2 8.31 393$1U Email: srobbins@sanpedr ibudingame@mono meros@beverlyhills rweber@mst.org obid.corn -ba .ca.us Service: Trolley Services Trolley operation Multimode and Multimode and and management trolley services trolley services services Role of Team Turnkey Service Operations and Turnkey Service Turnkey Service Member: Provider Management Provider Provider Service Dates: 10/01/12 to Present 07/01/01 to Present 08101/02 to:Present 07/18/04 to.Present Page 6 7 2 MV TRANS1 RTATCN.INC. 0 ATTACHMENT"A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope 91)" REQUESTS FOR PROPOSALS(RFP)# 12-14 TROLLEY SERVICES PROVIDER SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): MV Transportation, Inc. BUSINESS ADDRESS: 5910 N. QgntrafDallas XDreSSWay UI e TELEPHONE; 00 CELL PHONE 2 2- 4 FAX (707) 446 177 CONTACT PERSON Justin Pate EMAIL ADDRESS )ustin.DateCcD[nytransit.Com A. I hereby certify that I have the authority to submit this Proposal to the.City of Palm Springs for the. above listed individual or company. I certify that I have the authority to. nn myself/this company in a contract should l be successful in my proposal. Amv BArrv. SeniorVice President P INTED NAME AND TITLE Febiruary 21 :2014 SIGNATURE AND DATE B. The following information relates to the legal 'contractor listed above, whether an individual or a company. Place check marks as appropriate: L' If successful,the contract language should refer to ma/my company as: An individual; A partnership, Partners' names: A company: A corporation If a corporation, organized in the state of: Califomia. 1978 2. My tax identification number is: 94-2491705 CHECK IF THE FOLLOWING STATEMENT APPLIES: * My firm/company is a Local Business(Licensed within the jurisdiction of the Coachella Valley).Coov of current lauslnesa license from a iurisdietion within the Coachella Valley is reeulred to be attached to thfs document in order to.reauestthe Local Preference. *MV does not have a current business license but will obtain one upon notification of contract award: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this R.FP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non- responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# 1 and 2 Islare hereby acknowledged. 21 73 �. ATTACHMENTaB 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope#Ir NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA) as COUNTY OF RIVERSIDE) County Of Solano : The undersigned, being first duly swum, deposes and says that he or she is Senior.Vice President of MV Transportation Inc of the party making.the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any Undisclosed person, partnership; company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; .that the Proposer has not directly or indirectly induced or solicited any other. Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone Shall refrain from:Proposing; that the Proposer has not in any manner, directly or indirectly; sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or Cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding. the contract of anyone interested in the proposed contract; that all statements Contained in the Proposal are true; and, .further, that the Proposer has not, directly or indirectly, submitted his. or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will .not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, tr ny ther me :er or agent thereof to effectuate a collusive or sham Proposal B : Title: Senior Vice President Subscribed and sworn to before me this 21st day of February 201C 22 74 CALIFFORNIA JURAT WITH AFFIANT STATENIONT oover mmir 000e s azos • �See Attached Document(Notary to cross out lines 14 below) O See Statement Below (Lines 1-6 to be Completed only by document signer[s], not Notary) - 3_ .._. ... .. .._ - ._ -- --- , a S SWMUM ol'Doaument Sipes No.1. 91pxWra d eocurtiara 3lpter Fla 2(8 and State.of California Subscribed and sworn to(or affirmed) before me Count y of �o an o on this day of 2U J� . bosa Year Y Of SOW (1.) proved to me on the basis of satisfactory evidence ELYBE 607TER0 to be the person who appeared before me commission 11922070 (and Notary Public-Callfomin UAW County (g} My Comm.Ex res F 102,2015 Nana proved to me on the basis of sells a evidence to be the perso who appeared befo a Signature New wry sad Abore - 9rmpn d NOMry PUINk- OPTIONAL Though the lnfonna eloly Is not regtrbed by law,R may prova valuable Top attfiuDib here' lop oithumb here to persons eelyhrg on the ant and could prevamt Ara xUant remov& and reattachment of to another document Further Description of Any Attached pooume Tine or Type of D=menti Document Date: Number of Pages: Signer(a) Other Than Named Above:. . 0 20,10.Naaonal Notary Assodatlon•NaaoR9Morary.oro 1-000-US NOTARY(1-800-e76-W27) Iram 45910 Q.8. Please indicate whether the CI has City space for 5 trolleys and office space for the contractor to use. A 8; See answer to Question V. Q 9: Page 7 of the RFP states approximately 11,600 hours. Should all bidders use 11,600 as the baseline for the pricing.submittal?: A 9. The City anticipates that the prrogram would operate 11,600 hours over the hrst year of the pilot program. However, the .City also wants to retain the ability to . increase or decrease the level of service.even during the pilot period, based on usage and experience. The proposer:should discuss how their per unit cost would be handled in each event, Le. if service levels were Increased it is likely that they could be increased at the same per unit cost as the baseline cost. On the other hand, a decrease In service may,have.a more unpredictable effect on pricing and the proposer should discuss what those factors may be. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L; Gladders, C:P.M. Procurement& Contracting Manager DATE: February 13, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: A T ns orta i ;1nc. . Authorized Signature; Date;February 21, 2014 Am . rVice President Acknowledgment of Receipt of Ad ends is required by signing and Including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A: Failure to acknowledge this Addendum may result In your submlttal.being deemed non-responsive. 76 also discussed In more depth oq page 16, Item El "Local Preference". Please carefully review these sections: BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C:P:M.. Procurement& Contracting Manager DATE: February 19, 2614 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name:' V T; ns .oration Inc. Authorized Signature Date:February 21. 2014 i4 Nor Vice President Acknowledgment of Receipt a dum 2 is required by signing and Including the acknowledgment with ou .sub 1 .r u or you may also acknowledge e 9th Y - . , . Y Y Addenda on the bottom of Attachment A Failure to acknowledge this Addendum may result In your submittal.being deemed non-responsive. 77 Keith Everage, Jr. r Project Manager Mr. Keith Everage,Jr. it MV'sproposed Pn�jeerManagerfor the GO of Palm Spntigs Tmlky seer. Experience General Manager, MV Transportation, Inc. (Burbank, CA) 2013to Present ■ Monitor City,of Burbank fixed route services to ensure service quality and revenue hours are met • Manage division budget to ensure financials goals are met through GL Trail Balance, Rolling 12 month report,Fleet Focus and other MV interfaces • Enter driver and staff daily hours into WebPE and monitor division hours/revenue with HMG reports ■ Vehicle fleet oversight of 17 CNG motor buses, 18 drivers and 4 staff members • Oversee system with an average monthly ridership of 21,000 passengers ■ Review and approve all staff time-off requests,attendance and discipline ■ Assist City of Burbank client will all requests for projects and operational inquires • Manage NTD,MR-20 and BRT reporting ■ Assist safety manager with DrrveCam coaching, escreen, driver permit compliance, division safety compliance,safety,contests and accident investigation ■ Manage customer service inquiries and complaints ■ Prepare client monthly invoice and reports ■ Track monthly purchase orders to ensure budget compliance Operations and Marketing Manager, MV Transportation, Inc. (Burbank, CA) 2007 10 2013 ■ Monitored fixed route and Dial A-Ride services to ensure service quality and revenue hours are met ■ Managed drivers,road supervisors and dispatchers schedules,time off requests,attendance and discipline ■ Daily monitoring of Syncromatics,TransTrack and Trapeze service performance • Managed customer service inquiries and complaints • Prepared client monthly invoice and reports ■ Tracked monthly purchase orders to ensure budget compliance ■ Increased ridership through aggressive and effective marketing ■ Conducted field research to improve service effectiveness ■ Attended community events as representative of MV to promote services provided throughout southern CA Education and Training California State University, Northridge ■ Bachelor of Arts in Journalism ■ Bachelor of Arts in Communication Studies—May 2007 University of Pacific ■ Certificate in Transit/Pamtransit Management—December 2010 78 Resume, Page - 1 Keith Everage, Jr. Project Manager (continued) MV University ■ General Manager Seminar/Tta'�—May 2010 California State University, Northridge ■ Bachelor of Arts in Journalism ■ Bachelor of Arts in Communication Studies—May 2007 Certificates ■ FTA Reasonable Suspicion ■ Ethics in the Workplace Computer Skills • MS Word,Excel;Trapeze;Spider Reporting;Intranet 79 Resume, Page - 2 CITY OF BURBANK CUMMllfiliTP DEvuoPmv4T IDEPA T—KENT 150 North Third Street, P.O: 86X 6459, Burbank. CaliNmi9 91310,6459 avWW.ri.tJuhilafik:Ca:LY February 20, 2014 Padi'Chakbazof Vice President Operation; Southwest Region MV Transportation; Inc: 3906 Cohasset St. Burbank, CA 91505 Dear Mr. Chakbazof, Upon arrival in June 2011 as the operations and maintenance contractor for Burbank Bus fixed route service, MV Transportation has continually exhibited a professlonal approach to providing operations, customer service and vehicle maintenance associated..with Burbank Bus. Conststent.delivery of high quality and refiabfe service for users of Burbank Bus has been the result. The onsite management team, led .by MV Traneportation General Manager Keith Everage, continues to.be responsive to City staff requests for system performance data, National Transit Database(NTD)data and field operation inquiries, Additlonally, .Mr. Everage along with support from operations and maintenance personnel, provide City staff relevant information regarding daffy operation performance and vehide status MV Transportation is responsible for the.maintenance of seventeen Compressed Natural Gas (CNG) buses and has passed all California Highway Patrol (CHP)annual Terminal Inspections during their tenure. Burbank Bus typically has a monthly customer complaint level of less than one-percent (1%) of the overall monthly trips taken aboard the service. This high standard of service delivery is a: :reflection of MV Transportation's onsite staff and their dedication to sanrfng the public. When complaints do occur, Mr. Everage has been a responsive and professional representative of Burbank Bus. Mr. Everage interacts with customers with an approach that is patient, calming and respectful. Mr. Everage.gathers pertinent information through a variety of methods including contacting customers, discussing customer service approaches with staff and utilizing field observation. Investigations are performed timely, objectively and often with positive results: In addition to the staff that performs day-to-day Burbank Bus operations., MV Transportation has provided technical,safety and training support through its corporate network. MV Transportation regional aimd corporate staff has been available, communicative and responsive to Inquiries regarding service delivery options. MV Transportation has performed assigned duties well during its tenure as the operations and maintenance contractor for Burbank Bus fixed. route service. The onsits team consistently delivers quality route performance, vehicle maintenance and customer service. Additionally, the regional and cprporita staff has been accessible and involved. MV Transportation continues to demonstrate through their performance, they area dedicated partner with Burbank Bus and are committed to delivering reliable service for our passengers. Sincerely, XdamAr4mer jiib Transportation Services Manager AWommm &AWIr $ HOUM a&QOM L &Cane 5ro P" 0mr. Am" TWOOMMM siUdsMA None$= s19$wmw Bi6R865aEo ° 61&Y3Bba30 �' siaa3e.ama � 41i$23tSM ' 80 Proposal to City of Palm Springs for Trolley Services Section B: Proposal Organization, Conformance with RFP Instructions; and Demonstrated Understanding of the Overall Project and Requested Scope of Work 13:1. Conformance of Proposal Submission MV s proposal response .complies with the requirements presented in the City's RFP #12-14 .for Trolley Services Provider. Overall Understanding of Project The City of Palm Springs has issued an RFP for Trolley Services Provider. The City will award a contract for a 12-month term pilot program to operate shuttle buses to.serve downtown area of all residents of Palm Springs, CA. For more than ten years, MV has operated a seasonal trolley service for the City of Morro Bay, which:links Downtown Business Districts, Embarcadero, and State Parks. MV also operates the Beverly Hills Trolley, a high profile system that tours the City, informing passengers of the local history and celebrity trivia. Additionally, MV manages many special events using the Beverly Hills Trolleys. The company also operates trolley services in Monterey,San Pedro, and Anaheim Calif.; as well as in Cape Cod;Mass. W.worked closely with the City of Phoenix, Ariz. In designing and operating the Ahwatukee Neighborhood Circulator. In Irvine, Calif. MV operates the iShutde, a highly branded fixed loop { service within the Irvine Business Complex (IBC) that connects to both MettoLink and OCTA . ® transit services to support commuter and shopper/retail use. MV worked with the City of Irvine to feature the iShuttie in its ad series with Passenger Transport MV has the qualifications and experience needed to provide superior service that reflects the City's commitment to its community. With nearly 60 years of transportation services, MV and its subsidiaries offer the City the best selection of contracted transportation management fiuns. B.3. Critical Challenges MV does not anticipate a challenge that would prevent a timely service startup, or subsequent disruption in operations. The company has the experience and knowledge to expeditiously resolve anomalies, however should the following circumstances present itself,MV will garner the resources necessary to resolve the circumstance. • In the event the City of Palm Springs, desires a fleet of new trolleys in lieu of used trolleys; or cutaways with trolley wraps, MV will require additional time for the.production and delivery of new trolleys ■ Meeting with City to identify and publicize the new routes ■ Analyze routes to determine stops that will *maxim a passenger count ■ Monitoring and adjusting the schedule to meet demand ■ Activation of 5th Trolley in the event of demand for large events and high tourism season ■ Establish policies and procedures for safety in downtown area ■ Updating website with schedule changes for downtown events,and alternate routes due to street \ closures Page 7 81 MVT Ns" ATION.INC. Proposal to City of Palm Springs for Trolley Services • Working with City:on finalizing theme.for service ■ .Narration of tour points and script approval • Meeting with the hotels .and local businesses to introduce the trolley service, as well as participation and promotion of the services • Establish PMI Protocol and tracldng .with MTS maintenance vendor, Automotive Service Center ■ Recruit and train drivers on specialized curriculum for the tourism.envitonment and narration • Educate and coach vehicle operators and City Staff with the on-board monikoring benefits and effectiveness of.DriveCam Page 8 82 MV TR NSP IRTA"ON.LNG. ® Proposal to City of Palm Springs for Trolley Services Section C: Work Proposal C.1. Addressing Scope of Work Route MV will provide trolley services for the City of Palm Springs within.the 14-mile loop as described-in the City's RFp. As required, MV will be able to accommodate service expansion with routing flexibility to meet the.City's shifting ridership.community. Vehicle Requirements MV will ensure the vehicles to be provided for the City of Palm Springs' Trolley services complies with the Vehicle Code §223 (a), 408, 34500. MV is a registered motor earner and the proposed vehicles for the City's services will comply with all federal; state,,and local laws; regulations, and guidelines. Maintenance MV will be responsible. for the following services for the revenue vehicles assigned for the City services: • Vehicle maintenance(subcontracted to Automotive Service Excellence) '. • Exterior bus washing • Extraction and disposall of trash, spill cleanup and daily vehicle sweeping Personnel MTs employee Hiring standards fully comply with all federal, state, and local laws applicable for the operation of the City's.trolley transportation services. NfWs operators; supervisors, and dispatchers must possess the professionalism and positive demeanor to appropriately represent the City in the provision of this service. A.strong and stringent biting process is essential to identifying the best candidates to fill this role. MV funther recognizes that its operator force must provide unique service, including narrated tours and overall themed service. MV will confirm each operator demonstrate strong skills in customer service and passenger.care, Driver.Qualifications After an interested applicant completes an application online, the application is reviewed by the on- site biting manager. If the application demonstrates that the candidate has the experience needed to perform the job, the candidate is invited to an interview. The hiring manager uses behavior-based interviewing techniques to demonstrate the applicant's past behaviors and how they will fit at the company. Interviews focus on driving abilities, as well as strengths in customer service. After a candidate successfully completes the interview portion of the process, their credentials are qualified. MV's qualifications department manages and processes all employment screens pursuant to company polity and client standards (whichever is more stringent). Drivers will comply with the federal; state and local laws, and licensing requirements. All qualifications personnel are trained in the complete and unbiased employee screening process. Page 9 8 MV TB N$PO ATION,INC_ Proposal to City of Palm Springs for Trolley Services Using a paperless application process, applicants submit their qualifications online and the following background checks and reviews are performed: Review Type. Description Criteria Motor Vehicle Applicants must provide a.current and -No more than 2 points in the past three Record Review 'valid driving record that shows an years;with no MUM]convictions applicant's driving history. within the last 10 years. Driving records are reviewed on asemi- annual basis, or more frequently depending on the contract requirements. If violations are identified that are not reported, the operator will be interviewed and possibly released for failing to report the violation. Criminal MV conducts background checks on all A felony criminal conviction.within the History Checks employees through Private Eyes last IQ years will not be eligible for Employment Investigators. employment. Job applicants with convictions of violence or sexual offenses, whether felony or misdemeanor, are not eligible for ern to ment with MV. Prior MV conducts reference checks with former Poor references may be cause for Employment employers as part of the hiring process. rejection. References . Pre Ali offers of employment are contingent The presence of any controlled or illegal Employment upon successful completion of a drug and substances is cause for rejection. t)rug.and alcohol screen. Consistent.with MV's FTA approved Alcohol Screen Drug and AlcoholPrevention Program safety-sensitive employees are subject to random screening. IPre- Employees in a safety-sensitive position Exam and/or testing must verify that the .Employment (i.e.,drivers, mechanics) must also applicant can meet the qualifications of Physical undergo a pre-employment physical the position. Exatninatfons examination performed at MV's expense by a physician of the company's choice. Other exams may include a DOT physical or other physical testing. Substance Abuse MV's Zero Tolerance Drug and Alcohol Testing Program is critical to its provision of a safe, healthy,and productive work environment. All of MV's employees are subject to the four drug and alcohol screening types, pursuant to their employment category (safety sensitive versus not safety \ sensitive): Page 10 84 MV TR NB RTAT ON.MC. Proposal to City of Palm Springs for Trolley Services ■ Pre-Employment— All offers of employment are contingent upon the successful completion of a pre-employment drug screen. Failure to submit to said test, or a positive screen, results in revocation of the offer of mployment ■ Random . All safety sensitive employees are automatically entered into the company pool for random testing pursuant to FTA regulations ■ :Post-Accident Any current employee who is involved in a serious incident or accident while .on duty,whether on or off the company's premises,is required to submit to a drug test ■ Reasonable Suspicion — This test may be required if significant and .observable changes in employee performance, appearance, behavior, speech, etc. provide reasonable suspicion of the influence of alcohol/ drugs. All frontline personnel ate observed by supervisory personnel who, are certified as having completed the DOT Supervisor's Class in Reasonable Suspicion Training in Drug and;Alcohol *Under MV's Zero Tolerance Drug and Alcohol Testing Program, a positive screen or refusal to be tested under these conditions results in termination of employment MV s Zero Tolerance Drug and Alcohol Testing Program ,is administered by Mrs..Esther Avalos, Director for Drug and Alcohol Compliance. It is regularly updated and complies and/or exceeds FTA and DOT requirements. MV has successfully completed each FTA audits to which it has been subject Random drug and alcohol testing selections are determined using MYeScreen@ software, a state of the art, computer-generated selection process program that randomly selects individuals (donor) for testing without showing discrimination. These assignments are available to the location on the first of each month to begin performing testing immediately. MV uses local occupational health clinics to perform the urine and breath alcohol collections for testing. MV contracts with Alere Toxicology for laboratory services,.Dr. Stephen Kracht for MRO services, and National Counseling Resources for substance abuse. professional services. Duo Research handles blind quality control sample testing. All results are transmitted to Mrs. Avalos, who processes the information and provides it to the local management teatn. All employees receive FTA compliant training that outlines.MV s Zero Tolerance program during initial training. Drug and .alcohol testing procedures are addressed as part of initial employee training and annual supervisgr training. Code of Conduct MV has included its Employee .handbook in each of the proposal binders, which provides a complete overview of MV s work policy and procedures. This handbook covers Mrs Code of F Conduct and rA approved Drug and Alcohol Policy, among many other human resource and employment policies affecting all employees. Employees are held to these riles and guidelines in the perlommance of their jobs; this includes the City's guidelines outlined in the RFP as well as those in MV's employee handbook. Communication MV's proposal includes the provision of Samsung Convoy 2 radios, using the Verizon push-to-talk network. This device has a proven record of excellent connection and stability in the Southern California/Palm Springs area and has been successfully used by MV. Page 11 - 85 MVTq MliWORTATION.INC. 0 Proposal to.City of Palm Springs for Trolley Services This system enables the dispatcher to talk discretely to each vehicle operator separately or to. all operators at the same time. This improves one-on-one communication with operators. In addition, the radio features a cell .phone function and :text messaging that will allow for even: greater communications flexibility. MV will have spare radios on hand: If a unit should break down on a bus that is in service, Ws project manager will meet the,bus at its next stop to replace the radio: The defective radio will be sent in for repairs and be permanently replaced. Text Messaalna and Use of Handheld Wireless Communfcatlons Device MV's Safety Policy Manual includes policies and. procedures for the use of handheld wireless communication devices. The policy states that anyone utilizing any device which can potentially cause damage or does damage any equipment on a.bus will be subject to disciplinary action,up to and including termination. A driver will not install a personal electronic device of any type on a company-operated bus or vehicle nor will such equipment be utilized while operating a company bus or vehicle. This policy includes radar detectors, citizen band (CB) radios, cellular phones or similar devices, NOTE this policy doer notpreelude a dnverfmm carrying hlr/ber own cellularphone,for emergency ire. Mrs policy is supported by.§ 392.62 of the Federal Motor.Carrier Safety Regulation which states "No driver will engage in an activity tending to distract his.attention from the operation of the vehicle." The presence of earphones/listening devices for the specified electronic device in the interior of the bus will be prima facie evidence of violation of this policy. Seat Soft Use Operators are required to follow all traffic laws,including those pertaining to seat belt use. Operating Times MV will adhere to City's operating schedule providing service four (4) days per week Thursday through Sunday, from.11:00 a.m. to 1:00 a.m. The company will be remain flexible and will adjust its operations to accommodate the City's desire. Additional Services MV understands that the City may exercise its right to use the trolley service to support special events. MV will remain responsive to any modifications in service levels. Non Scheduled Stops MV's company policies prohibits any employee from transporting passengers or other company personnel to unscheduled locations without prior written authorization by the City, except in case of emergency;equipment failure, or direction of civil authorities. Spare Vehicles MV will have a spare backup vehicle pre-tripped and parked at the operating facility available for use in the event of a service disruption such as a vehicle incident or roadcalL This vehicle will be l comparable in appearance to the City's revenue vehicles. J Page 12 86 MV TMNSPC ATIOM INC. 40, Proposal to City of Palm Springs for Trolley Services Operations and Management.Supervision MV understands that the City will oversee its performance in its operations;including the following responsibilities: Monitoring A dispatcher will be on duty duting.all hours of service to respond to issues and monitor service. Upon arrival at the first stop, the operator will change the vehicle head sign from "Cut of Service" to "In Service". If the operator is.early, he or she will not Ieave the stop:until the first scheduled departure time: The operator will proceed to the next stop at the scheduled departure time. MV's dispatch team will continually monitor service delivery in order to quickly resolve any issues that arise. Inspection and Removal MV will recognize that upon City inspection of any equipment:at any time, the City will exercise its right to remove a unit from service ifit is determined to:be in an unacceptable condition: Temporary Service Adjustment MV will yield to the City's sole discretion to cease or alter the destination and/or route of any vehicle operated under this agreement Upon receipt of approval of the City, the company will resume service. Employee Removal At the City's sole discretion, MV will remove any service employee for conduct violation. Employee Breaks and Rest Periods MV abides with all federal and state laws regarding employee breaks and rest periods. MV's employee handbook has a standardized policy, but each state in which MV operates has state- specific requirements for meal and rest breaks.Fox example,MV employees in California who work more than three and '/z hours are entitled, authorized and permitted to a 10-minute paid rest break for every four hours worked or major fraction thereof. Thus, an employee working an 8 hour shift may take two 10 minute paid rest breaks. These breaks should be spaced evenly throughout the workday. Like meat breaks, it is not possible to schedule rest break times and rest breaks should be taken when operations permit The meal and rest break rules are posted in each location. Vehicle Specifications, Maintenance and Repairs Rolling Stock MV has provided a list of vehicle options for the City's review and consideration in Section C.3, Vehicle Specifications. MV remains confident the City will find these vehicles suitable for the provision of the trolley services. Me of Vehicles Please refer to C.3, Vehicle Specifications for a MV's list of vehicle options for the provision of the City's trolley services;which includes the year,make/model of each proposed vehicle. ADA Access All vehicles used for the provision of the City's trolley services meet the ADA requirements for public transit service or provide reasonable accommodations. In addition, all vehicles are wheelchair accessible and can accommodate at least one (1)wheelchair passenger at any time. Page 13 87 MV TRANSPORTATION,MR Proposal to City of Palm Springs for Trolley Services Vehicle Inventory MV has included a detailed list of proposed vehicles in C.3, Vehicle Specifications to include; four (4)primary vehicles to be used for the trolley services, as well as the one (1) spate vehicle. l entification Pursuant to the RFP requirements, the revenue vehicles for the City of Palm Spring's trolley services will be easily identified by removable magnetic signage (that can be removed when not in service). The City reserves the right to modify the signage: VehWe Qualification MV will meet with the City's representative prior to execution of contract to present the proposed vehicle fleet for City s inspection and approval Vehicle.Seating Reauirementa MV's proposed vehicles accommodates the City's minimum seating capacity of 22 seated passengers including one (1) wheelchair and will strive to incorporate the City's preference of perimeter seating rather than row seating. Vehicle Rejection MV understands that in the event that the City's representative notifies MV to remove any pnmary vehicle from service due to non-compliance with the contract agreement MV will replace the vehicle with a City approved vehicle within thirty (30) calendar days, and provide a replacement in the meantime. Vehicle Maintenance Plan and Practice MV will subcontract all maintenance activities to Automotive Service Center, located at 661 S. Williams Road, #3, Pahn Springs, CA 92264. .Automotive Service Center is an ASE Master Certified Automotive Specialty.and a Certified Tech-Net facility. Maintenance activities are scheduled based on the priority of fleet maintenance needs and with due consideration of maximizing in-service fleet availability. MV s team will coordinate closely with Automotive Service Center personnel to confirm the appropriate amount of vehicles is available and in safe, working condition for pull-out. Automotive Service Center will perform the following activities relative to fleet maintenance: Preventive Maintenance Program: Mrs preventive maintenance program is based on a 3,000' mile interval cycle, with safety inspections (A-level) occurring at 48,000 miles. Preventive maintenance inspections are scheduled in advance, within 500 miles of the required interval, or pursuant to contractual requirements, The maintenance vendor works with operations to identify those vehicles required for inspection, and schedules inspections in a manner that maxim;3es fleet availabili d ' eak hours. A 3,000 Vehicle interior and exterior inspections (lights, safety equipment,etc.) (safety) Air brake tesfing • Door and lift operation/cycling ■ Road test(engine,transmission,brake, steering) ■ Undercarriage(shocks, brake lines, filters, air lines,drive shaft,etc.) ■ EN ine compartment fluid and leak inspection) Page 14 8$ MV TRANSPORTATION.MC. Proposal to City of Palm Springs for Trolley Services ■ Clean/check battery and cables ■ Fire suppression system inspection B 6,000 All A level.tasks plus: ■ Oil and filter change ■ H1fAC Freon level, filter change, function test C. 24,000 All A and B level tasks.plus., ■ Fire suppression inspections ■ n tion.of fire wires and.blow out semiannual D 48,000 All A, B,and C level tasks plus: ■ Transmission service ■ Air dryer rebuild * Differentialfluid change HVAC(leaks,filters,.temperature checks, function.inspections;brushes and, fan motor condition The maintenance vendor perfortos the preventive maintenance inspections they Will have the vehicle file available for reference purposes. Any minor deficiencies noted in the file which were identified . during the DVI process or otherwise logged in the vehicle file will be addressed and repaired at that time. Body Repair. Expeditious body repair eliminates hazards, assures passenger comfort, and reinforces the operators'pride of the service fleet Neither body damage nor graffiti is tolerated on MV s vehicles; vehicles will not be released into service if they have excessive body damage.or . damage that presents a safety hazard. Minor body repair (buffing out scratches,minor paint touch ups, etc) will be handled during the vehicle's next PMI repair or scheduled detailing (whichever comes first). Major Repairs: Major component repairs are performed by qualified local vendors. MV contracts with local vendors for the .purchase of rebuilt transmissions, or to have existing transmissions. rebuilt The maintenance vendor will handle all transmission removal and replacement/installation. Depending on the local resources available, and their associated costs, MV will determine the most advantageous approach;however,when possible MV prefers to purchase rebuilt engines. Mobility Lifts and Ramps: No vehicle is permitted to enter service without a safe, functioning lift/ramp. During the daily vehicle inspection each operator is required to cycle the vehicle lift to confirm proper operation. If a lift does not cycle or cycles improperly during the DVI; the operator. must notify a supervisor who coordinates repair and/or delivery of a replacement vehicle. Mobility device lifts are inspected and cycled at each preventive maintenance inspection cycle. This includes the replacement of wom components, gear cleaning and adjustments in alignment as necessary. Warranty Repair: MV understands its responsibilities in maintaining the fleet and all documentation of repair as required. It is MV's policy — regardless of whether maintenance is performed in house or by a maintenance vendor — to follow OEM specifications and uses only OEM or equivalent parts. OEM practices Page 15 89 MV TPANHPOPTATION.INC. Proposal to City of Palm Springs for Trolley Services minimioe the frequency of unscheduled maintenance, thus improving service quality, reducing costs, and maTim_ izi,ng fleet availability. While the maintenance vendor will lead the management of all inspection, repair, and warranty recovery,MV will monitor these activities closely. Roadcalls: MTs comprehensive maintenance program significantly minimities vehicle downtime; however, in the rare event that a roadcall occurs;MTs team will be prepared to respond efficiently. Dispatchers use troubleshooting techniques to first attempt to talk the operator through correcting the issue. If the situation cannot be resolved, dispatch will call a third party towing service to transport.the vehicle to the maintenance vendor to handle repairs. If a replacement vehicle is needed,the contract manager ,;a coordinate with dispatch to send.another operator or supervisor to the field to transfer the passengers and resume the route. A vehicle breakdown form is completed for every roadcall and stored in the vehicle file. Information about the roadcall is also entered into the Trapeze Enterprise Asset.Management (EAIvi)maintenance management information system. Parts Equipment: An appropriately stocked parts inventory is critical to a productive yet.cost- effective maintenance shop. During the transition,MV will confirm that the maintenance vendor . has an appropriate inventory of parts to support the , rt service. O i " al Equipment ngwManufacturer (OEM) Farts and Specifications- MV follows and 'pe will ensure the maintenance vendor follows — all OEM specifications and uses only OEM parts (or 1� equivalent). This prevents safety hazards while promoting.best practices. OEM practices minimize the frequency of unscheduled maintenance,. thus improving service quality, reducing costs, and maximizing fleet availability. HVAC: During each PM cycle; the HVAC systems are inspected to ensure they are fvnctioning and do not have leaks. Proposed. Maintenance Management Information System: MV will provide the Trapeze Enterprise Asset Management(EANN maintenance management information software. This system is a thin client, web based interface that MTs support team can access it remotely..MV will use this system to monitor preventive maintenance inspections and vehicle mileage to ensure that each vehicle is appropriately scheduled with the vendor for service. Daily Repairs Each day,when the operator begins their,work day, he or she will initiate the daily vehicle inspection, (DVI, or "pre-trip") using MV s standard pre-tap inspection forms. All areas of the vehicle that ate inspected and all results must be documented: If the operator detects an issue that can be quickly rectified (for example, a bulb replacement) the operator will fix it. If a safety malfunction is detected as part of the daily vehicle inspection process, the operator performing the inspection will notify dispatch. ,Dispatch will coordinate repairs:with Automotive Service Center and assign a backup vehicle to the operator. If the operator does not detect a safety related defect that would prevent the vehicle from entering service, the operator will notify dispatch as he or she departs the yard and proceeds to the first stop. Page 16 9 0 MVTRA Si RT/TICN.INC. Proposal to City of palm Springs for Trolley Services Air Conditioning Standards Passenger compattments must be regulated to maintain comfortable temperatures at all times and under all climate conditions..During each PM cycle,the HVAC systems are inspected to ensure they are functioning and do not have leaks. The condition of all brushes and fan motors are inspected, and filters are changed It is extremely important that:all air conditioning systems are maintained and operated; especially during the off season. Operating these systems on a weekly basis at 10 minute intervals will confirm the refigerant compressor is appropriately lubricated, preventing any leakage in the compressor draft seal, and ensuring that any ioss of refrigerant is detected early. Cleanin All vehicles must be kept clean and free of refuse and debris at all times. The following lists are rules regarding daily bus cleanliness: ■ No food or drinks allowed on fhe vehicle unless approved byclients. This includes drivers. - ■ Drivers will inspect their vehicles daily to assure that there is no graffiti on the vehicles interior components. The drivers will: note this on their DVI report and will attempt to clean and remove all graffiti that had been placed on the vehicle for that day. Vehicles are swept daily at the end of each shift Any graffiti and/or vandalism will be repaired upon discovery Vehicle will be washed as needed; at least once per week, to assure. a clean professional looking vehicle. • All exterior body panels will be washed to remove all road dirt,soot, and tar and oil residue on the vehicle Windows and mirrors will be cleaned and water spots removed The vehicle will be vacuumed in areas that a vacuum can be used. ■ Floors will be swept and mopped. Light colored areas, such as the white standee lines and white : edges of the steps should be cleaned with a stiff bristled brush to remove grime from the grooves of the rubber. Clean non-upholstered passenger seats with mild soap and water ■ Clean the instrument panel ■ Clean steering wheel with the use of detergent and water. This will remove the accumulation of oils and dirt ■ Graffiti, any oily prints and dust accumulation will be removed from the windows by cleaning the window with an appropriate glass cleaner Service.Modifications MV understands that the City may adjust the.scheduled hours/days during the pilot project and will adopt and accommodate any service modifications with proper written notice by the City. As required, MV will work with the City to develop and promote an alternate route for the weekly Thursday night street fait along Palm Canyon Drive. Customer Service Vehicle operators will be acclimated to the service area to ensure the passengers are provided with accurate informative exchange. The vehicle operators will maintain and have an ample supply of Page 17 91 MVTRA BPORTAn1ON.INC. Proposal to City of Palm Springs for Trolley Services literature containing the SunLine schedules, trolley route maps and schedules for the riding community. Marketing MV understands that the City will assume all tesponsibity for marketing the public use of the Palm Springs Trolley service operations. As requested,MV will place City-approved materials on board of the revenue vehicles pursuant to RFP requirements and procedures set forth by the City. Advertising MV will not place any written or printed advertising,promotional material, or public information in the interior or exterior of the revenue vehicles unless authorized by the City. Damage to Property Mrs will protect and safe guard the City s Troll ey vehicles and property against damages during each service day. MV will accept responsibility for.all damage to the Trolley customer's property caused by actions or inactions of a member of MTs personnel. Project Manager MTs proposed project manager for the City's trolley services is Mr. Keith Everage,jr. Keith will oversee all aspects of the operation of the City services and is the primary and emergency contact. His email address is mreverage@gmail;com; landline phone number, (818) 565-3545; and cellular number, (323) 422-5946. Keith is available to the City 24 hours per day, 7 days:a week. Please refer to Section A.4, Key Staff for Mr. Evemge biography of experience and qualifications.. MV has also included a detail resume of immediately following the same section. C.1.a. Vehicle Operator Responsibilities MV has the experience and resources to lead and guide the vehicle operators assigned to the City services to adhere to the responsibilities outlined within the City's vehicle operator. responsibilities. Please review the vehicle operator training program IE below encompassing all City-requirements. Vehicle Operator Training Program In 2010, in partnership with the leading expert in transportation safety, Avatar Fleet, MV launched. its state-of-the-art training program for all operators. This trainvag.cutriculum uses adult education techniques,keeping trainees engaged and interested throughout the duration of training. The program is supported across three principal domains, afetiae, cognitim and behaaior , through a blended approach to adult learning, based on Bandura's Social Learning Theory. Under this approach, this training. program focuses on positive attitude (affective), knowledge building (cognitive) and skill development (behavioral). Classroom ftaitvng includes a combination of facilitator-led discussion, DVD presentations, and short quizzes. Students actively participate in these interactive sessions,and develop their skills first in closed course skills-building activities and then under structured behind the wheel. training. Training is based on comprehensive dddng standards that detail every aspect of safe and defensive driving. Page 18 92 MV Tn NZPO ATION.INC. • Proposal to City of Palm Springs for Trolley Services This program offers consistent and thorough training to all new operators. I.ts module-based format offers trainers the necessary flexibility to provide refresher and/or:abridged transition training, or customize training to address specific areas of concerns, e.g., unique service area, specific vehicle or service type, and dispatch procedures: Training Formats The entire new operator training program comprises five trainiinn formats: classroom trauvng, pxe- drivingskills, observation, behind the wheel, and cadet training. Classroom: 20.25 hours Pie-Driving Skills: 4.50 hours Observation: 22.60 hours Behind the Wheel: 21.00 hours Cadetting: 16.00 hours Total• 83.75 hours Classroom Training: The instructor-led classroom training is based on an adult-learning interactive training model and uses video:training modules which are reinforced by the written training/study guide. The video training is presented through an interactive, panel-hosted discussion led :by MV personnel. Topics include safety, defensive driving principles and techniques;hazards communication, security awareness, employee policies and procedures, employee wellness, sexual barassment, bloodbome pathogens,map reading;and on-road procedures. Testing occurs at the end:of each module and at the end of classroom training with a cumulative, closed-book exam. Employees must pass.with a score of 80 percent or:higher in order to proceed to behind the wheel training. . Pre-Driving Skills: Designed to familiarize the student with the larger size and spacing of commercial vehicles before driving the vehicle on the street, the pre-driving skills course training requires that all students learn the use of multiple mirrors and vehicle controls. Observation: Observation training is provided and gives students an opportunity to study the proper way to handle a vehicle. Once a student has successfully completed:all pre-driving skills and observation training, they begin driving the vehicle on the street with a training instructor. Behind the Wheel (BTW)Training: Behind the wheel (BTW) training focuses on honing specific basic driving maneuvers and skills necessary to ensure the safe operation of the vehicle under actual road operation. During BTW training, the student puts into practice what they have learned in the classroom and refines his/her driving skills with a certified trainer. During this period, the student must demonstrate mastery of 26 specific defensive driving and performance skills before graduation. Cadet Training: After completion of the behind the wheel training,each trainee is provided with in-service cadet training with a line trainer. Operators will operate the vehicle and all on-board technology in service, and interact with the passengers on a practical ieveL During the training, the operator becomes familiarized with the routes and local attractions of the area. Operators will also Page-1-9 93 MV Tp NHP ATJON.INC_ Proposal to City of Palm Springs for Trolley Services learn how to narrate mobile tours (and/or operate the recorded tour narration system) during Cadet Training: During this period, the trainee is closely monitored and receives his/her final road and training evaluation. Any areas of needed remedial training are identified and documented. Before a student is released into service,he/she is closely monitored and receives a final road and.training.evaluation. Post-Training Testing and Remedial Training; Before a student is released into service, he/she is closely monitored and receives a final road and training.evaluation. Recognizing,that not every operator is one hundred percent ready to enter revenue service after the base training program,MV offers up to 40 hours .of remedial training. During the cadetting period, any areas of needed retraining are identified and.administexed based on this need. Training Highlights Defensive.Dtiving—LLLQ All accidents have a cause, which can always be traced back to one of more y the o- most commonly people, Aerator of one of the vehicles involved in the collision, This underscores the importance of an effective defensive driving training curriculum MV built its curriculum upon the Tti le L-C an el training P t and ens -to-memorize defensive p elegant y rive driving course that teaches professionals The Farrr Driving Prine#Ar to Safepim: • Look AheadTM • Look AroundTM ■ Leave RoomTM ■ Communicate'rm By using these four principles, operators maintain the maximum amount of room around their vehicle, improve their visibility, gain the extra time and information needed to make critical decisions while driving, and effectively interact with others on the road to prevent collisions. Developed throughout the course,.these concepts provide Mrs operators with everything they need to know to avoid collisions. Ultimately, the course helps operators see, think, and act their way through any driving situation: Sensitivity and Passenger Assistance: MV places great importance on operator sensitivity and safeguarding the dignity of its passengers. MV's state-of-the-art, customized ADA Sensitivity Training Program is tailored to each contract and emphasizes courtesy, understanding, and the operator's responsibility to serve all passengers,regardless of background or disability. Practice and role-playing sessions are held with trainees to foster an experiential understanding of the challenges of navigating the system as a visually impaired passenger or as one who uses a mobility device. Video and classroom training is augmented by the involvement of representatives from the community,local advocacy groups, and care facilities. Operator training includes the study of different types of disabilities and mobility aids so that operators properly learn how to handle each one professionally and with utmost care. Training emphasizes how passengers in mobility devices generally require a greater level of time, attention, and particular sensitivity by the operator. It explains how the proper securement of the mobility device is critical to providing a safe,,enjoyable ride for the passengers. To ensure ongoing safety for passengers, training and monitoring in this area extends beyond the initial training period. IMF Page?0 94 MV TR N■P ATION,JNC. Proposal to City of Palm Springs for Trolley Services Customer Service: All operators are provided four(4) hours of customer service training throughthe video-based START Training from Ergometrics. This industry recognized.program is highly effective at showing aew and existing operators how to deal with all types of potential challenges from customers while engaging them in real world situations that commonly occur in public transit service. START Training teaches operators the "how","when"; and "why" of providing customer service to passengers, coworkers, .and supervisors; including making customers I feel welcomed, establishing boundaries with, customers, seeking assistance, communicating positively, problem-solving, and managing emotional escalation. C.1.b. Reporting Requirements Reporting and Recardkee i�na Requirements MV will collect all data and provide cleat and concise operating reports to:the City. .These reports will address all requirements for immediate, daily, and monthly submittals outlined in the City s RFP: MV has developed an in-house system called PayrollEdit, which interfaces`with third party systems to track data, such as revenue/non-revenue miles/hours, trips, etc., and compiles the data into reports. This system is designed to collect and store the data needed allowing summary reports to be generated in reader-friendly formats. By using this system to generate billing, payroll, and operational reporting, duplicative data entry and subsequent manual errors are greatly reduced. In addition, MV uses Lawson Software's Enterprise Resource Planning Solution both in its corporate office and operating locations. The Lawson Financial Suite includes General Ledger, Accounts Receivable, and Accounts Payable. The Lawson Human Resources Suite includes Personnel Administration; Benefits Administration, Payroll, Time Management, and Employee and Manager Self-Service. Lawson software is a fully integrated, web-enabled solution, which MV runs on an NT platform. The software is scalable to allow for growth of the company without having capacity concerns. The web-enabled feature allows Company m=^�meat to selectively determine which processes and controls should be centralized versus decentralized. MV believes in proper data backup and offsite storage of data backups in.the event of a fire or other catastrophic event. MVs IT team will set up the local computer network to ensure proper connectivity, security levels, password protection, and local technical support. MV will work with the City MIS staff in whatever manner necessary. MV is able to meet the FTA/NTD reporting requirements and currently provides these reports to clients who receive Federal funding and are required to submit them. MV uses the accepted FTA sampling methodology and has systems in place to collect and report this information.pursuant t.o the guidelines of the National Transit Database Reporting Manual. invoices As required, MV will submit monthly invoices for service, with supporting documentation as needed. During the transition period, MV will work with the City staff to establish an invoice format that is acceptable to the City. ■ Progress Payments Option: MV also offers its clients progress payments, an additional cost savings method that eliminates the interest expense incurred by MV through its credit \ line. Under this payment structure, MV bills City for 45% of the total estimated monthly billing, Page 21 95 MVTp NSPOR ATJON.INC. • Proposal to City of Palm Springs for Trolley Services on the I"and 16`b.of each month (payment due on the 16`h and the V of each following month, respectively). This payment method offers an annual discount of 0.25%. After month end, MV will produce a final invoice for the month as required by the contract, crediting City with the progress payments made. City will then pay the balance.due within the terms contained in the proposed contract Payments are made in arrears; after service is provided andis:consistent with FTA requirements which,prohibit.advance payments. - Manaaement.Meetinas Upon contract:award monthly management meetings will be held.between the City project manager and MV staff to review the previous month's data and reports, exchange information to coordinate service effectiveness and tesolve any pending issues affecting the provision of service. Customer Service Pursuant to the requirements within the RFP, MV will maintain a local public customer service telephone number which can be.advertised as the main source of information for.the service. MV will assist the City with creating a website page to provide trolley service information and:enable passenger/public feedback.MV Will incur the costs associated with this website production. Program Responsibllity Point of Contact MV looks forward to working with the City's designee for the provision of the trolley services contract C.2. Providing Quality Passenger Services Upon Contract award,MV would meet with the City of Pahn Springs to determine the best way to present its service vision and theme to the riding public. Some areas in which MV will focus include ■ Providing custom professional operator uniforms that represent Palm.Springs • Recruiting and employing long-time residents as vehicle operators,who.have knowledge of the City ■ Creating tourist and visitor-focused service through marketing, print media,, advertising; and other sources • Work with local :businesses and hotels to promote the service and drive: business to the downtown area from hotels ■ Use vehicle wrapping on Old Fashioned Trolleys to promote different events within the:City • Work with the City to identify which areas and facts to be mentioned on the narration recording ■ If the City is interested, MV can provide the City access to its location-based-oil board video technology to automate on-board presentations C.3. Vehicle Specifications Pursuant to the City s RFP requirements, MV is proposing the following vehicles for the provision of the City of Palm Springs'Trolley services. l Page 22 9 6 MV TRANSPORTATION.Mc. • Proposal to City of Palm Springs for Trolley Services chassi"� chair 5-New 2014 CNG ' 22 TBD- Authentic trolley Trolley Supreme Vehicles are passenger Vehicles are passenger (includes 1 Classic new. Chassis with 4 new. VIN windows with spare) American manufacturer wheelchair .number will etching decals, Trolley date will be capacity be provided Full ADA provided with lift during packa e duringg ordering including Braun ordering process. . process. or Ricon wheelchair lift. 5—New 2013 TBD— CNG 24 TBD- Double Cutaways wt Starcraft Vehicles are passenger Vehicles are wheelchair doors Trolley Wrap Allstar XL new. Chassis with 2 new. VIN w%windows, (includes 1 32'Transit manufacturer wheelchair number will interior light,leaf spare) Bus date will be capacity be-provided spring provided with lift or during passenger signal during 28 ordering system with pull ordering passenger process. cord &stop process. with 1 request light wheelchair capacity Vehicle Brochures Please find a colored photo immediately following this section and corresponding detailed vehicle specifications of each vehicle type described above in the appendix of this proposal Vehicle Storage The vehicles will be stored at the Happy Traveler Rv Parking facilities located at 211 West.Mesquite Avenue,-Palm Springs, CA. Upon notification, MV will comply with the City's desire to inspect this facility at City's discretion. C.4. Ensuring Service Continuance During Service Disruptions MV's supervision, safety, and maintenance programs will minimise the number of delays,, preventable incidents, and roadcalls experienced in the system;however,My s team will be prepared for these unfortunate events should they occur. Page 23 9 7 MV TRANSPORTATION,INC. Proposal to City of Palm Springs for Trolley Services A core component:in service reliability is the appropriate deployment of protection and/or backup service. MV's operational plan offers the following measures to ensure service reliability, minimize deadhead, and improve operational efficiency: . ■ Assignment of eatraboatd shifts during peak hours ■ Daily assignment of standby operators ■ Assignment of pre-tripped, standby vehicles the operating facility ■ Support vehicles dedicated to operator relief Standby Operators Standby operators .are available as backup when operators do not arrive to work on time and as scheduled due to vacation or illness. Upon becoming awaze of an operator deficiency, the dispatcher/reservationist places a call to standby operator alerting them of the available shift. When they arrive at the division, they are provided route paddles.to assist them in throughout the service day. Operators who are not able to report to their assigned shift ate required to submit at least a two hour notification to the project manager. If a scheduled driver is absent or no shows, the project manager, Keith Everage will resume that route until an alternate operator is available. Backup Vehicles Backup vehicle are pre-tripped vehicles that are parked at the operating facility. These vehicles are f i available or use in the event.of.a service disruption such ch as a vehicle incident or xoadcalL C.5. Responsibilities of City and MV MV has listed the Scope of Work requirements in the following table detailing specific tasks required from the.City.staff and of MV. Route Identification X Vehicles X Maintenance X Personnel X Driver Qualifications X LeMsfallist"ing tation of ubstance Abuse Testis X Code of Conduct Guidelines X Communications System X Use of Handheld Communications Devices X 0 r atin Imes Modification s X Providin Additional Services X Non Scheduled Stops Adherence X Spare Vehicles Operations and Management Supervision X Monitoring Equipment Ins tion and Removal Pap-2-4 98 MV TNANSP RTATON.INC. _ iProposal to City of Palm Springs WTrolley Services temporary Service Adjustment Employee Removal Em.to ee Breaks and Rest Periods Vehicle Specifications,Maintenance and Repairs X Rolling Stock Age of Vehicles ADA Access' Vehicle Inventory Identification Vehicle Qualification Vehicle seating Requirements Vehicle Rejection Vehicle Maintenance Plan and Practice Daily Repairs Air Conditioning Standards Cleaning Service Modifications Customer Service Marketing Advertising Damage to Property Pro Oct Manager Vehicie 0 rators Responsibilities X. L porting Requirements X porting and Recordkeeping Requirements oices na ementMeetin s X ram ResDonsibliltviloint of Contact X Page 25. 99 W TRANSPORTATION,M6. q J a +x r ��,y C� A, � I _ k� \' � \!._.-._.. _ � \ � d 1 i*ai 'a`•"'...,a.:C �,.r,..,,.a L�` cyyy.� k9 � � Classic American Trol�le/y�.y i c r � M '4 n 1 '� - r F y r RI, ' r 1f �'`fib 1 •e` "�� 1.. R-A 9,MM..2 1� —.w..._... ._ m. fJ y5e r'` Emi. a Si.Nr , . Proposal to City of Palm Springs for Trolley Services Section D: Project Schedule 13.1. Startup Schedule Please refer to the draft startup schedule in the appendix.of this proposal. This document lists each task and an estimated.him eframe of start and end dates. D.2. Lines of Communication MV's implementation methodology is built upon effective commmmication. and relentless attention to detail Daily MV transition meetings are a core component to ensuring effective and frequent communication among the transition team while quickly correcting problems. The focus of these meetings is to review the complete startup plan and to identify successes and challenges. Biweekly meetings with the City will keep City staff informed and up to date on Mv's activities. These meetings also provide an opportunity to communicate potential challenges. Judie Smith will oversee all startup activities and serve as MV s full-time transition manager for this project She will work closely with Keith Everage, the local management team, and regional resources to direct all elements of the transition. Successes Resolving Key Issues During start-up MV's local team will meet regularly with staff to communicate any issues that may ® be encountered and present its solutions. Exatuples of possible issues that may be encountered and resolutions are below: Driver,shortage due to lack of qualified candidates • My will work with Cametbuilder and local newspapers in the area to advertise for positions ' My will work with local radio stations or TV media to expand outreach for qualified candidates ■ MV will work with a local recruiter to identify qualified candidates Training for drivers delayed •: MV will bring an additional trainer resources form its other locations to assist the local team Drivers unprepared for service day one ' MV will anticipate this needgiven the hiring and training progress ' MV will bring in extra drivers from other divisions to perform service if needed Vehicles not ready.for service day one ■ MV will secure rental vehicles that can be used in the event the permanent vehicles are not available for service as anticipated ■ MV will work with the City to approve of the temporary vehicles and required signage l Page 26 102 MVTR SPONTATION.INC. Proposal to City of Palm Springs for Trolley Services Section E: Local Preference E.1. Attachment A MV has completed.and attached Attachment A immediately following this section. E.2. Project.Oversight Judie Smith, Regional Vice President Ms. Smith's fin mart' mle for the City senices mill be to pmtide gmdrixre and Owmght to tbepmject srianager Keith Ege. For more than 20 years, Ms.Judie Smith has managed privately contracted transportation programs in Southern California, bringing on-road operations to customers' expectations. Ms. Smith began her career with Mayflower in 1990 as an office manager,and was assigned her first general manager post for the Pomona Valley Dial-A-Ride Services in 1991. She went onto manage systems for Los Angeles Department of Transportation,Long Beach,Access:Services; among many others. After serving as a district manager for Iaidlaw, Transit Services for four pears; Judie joined MV, overseeing seven operating contracts.from its Paramount California location. She was promoted to regional vice president in 2007 and has been integral in MV's expansion throughout Southern California. Judie is MV's executive level representative. for this operation, and will oversee MV's compliance with the terms and conditions of its contract She will manage service quality and confirm that MV is living up to the promises made in this proposal She leads the regional support team assigned to this contract; and will have authority over resource commitment and oversight Hector Vargas,Director of Safety Mr. Vargas MV.Pmvide leadership amd safety adhmne,to the staffassigmd to the City senices, Hector Vargas became a certified behind the wheel trainer in 1998 and since that time has taken on toles of greater responsibility in the area of safety and:training. Today,Hector serves as a director of safety for MN 's Southern California properties, working closely with each of his assigned locations to ensure that all safety and training procedures are within the standards of the company and its clients. He conducts audits of all safety and security related operations and works with the local team to gamer any additional support needed in.this critical area. Mr. Vargas has overseen the safety and training efforts of bus operations of substantial size and scope throughout Los Angeles County. While with Laidlaw Transit Services in North Hollywood, Hector reduced accident frequency by more than 55 percent He joined MV in 2007 as a safety manager at MV's 70-bus commuter operation in Los Angeles. Mr. Vargas is a Smith System Instructor, a Behind-the-Wheel Trainer and is CPR and First Aid Certified. He holds a Commercial Class B license with passenger endorsement and airbrakes and is certified and licensed to conduct classroom, behind the wheel, and in-service instruction. He is also a certified California School Bus Driver Instructor. 103 Page 27 MVTp NSPO"A]ON.INC. - All ffsk.- PfoPosal to City of Palm Springs for Trolley Services Phil Tellgren;Director of Accounting Mr. Tellgen wdl provide smpport to the project manager, Keitb EUerage with all accounting functions and paymld This position it mponable for all bmdgeting and finance actititiel, including equipment pmcurementt/prrnharer in conjunction witb thepufrharing agent. Phillip (Phil) Tellgren joined MV in 2006 as a director,of accounting; throughout his career at the dtm he has overseen more than thirty ofMV's locations and managed more than $180M..in contract revenue. Phil works with his operational .support team to ensure all locations comply with contractual requirements, GAAp standards, and MV policy. Focusing on cost containment and fiscal responsibility, he works with MV's managers and division-level.accounting teams to ensure all procedures are in place and all personnel are appropriately trained.: . . Prior to joining MV, Phil served as an accounting manager/internal.audit manager for Fatburger Corporation, Inc. where he performed month end and ongoing.duties for 35 restaurants: He created policy in compliance with Sasbanes-Oxley, and developed audit programs. He also served as a. director of finance/administration for Cleansing Stearn Ministries, Inc. and controller/HR administrator fox Superior BankCard Services,Inc. John Siragusa,President Mr. Siragusa aillpmdde support to Ms. Smith and.Mr. Vargas John Siragusa, president of Mrs northwest region, holds executive level authority for all of Mrs operations in the western U.S. He directly manages the company's regional vice presidents, directors of maintenance and safety, and several.personnel that all support MV s op M erating locations V : He works closely with M s. clients to make sure V is living up to the expectations of its clients, passengers, and employees. ' Mr: Siragusa has overseen more than 75 contract startups in his career. The most significant was MV's first international project in Vancouver,British Columbia. He led a team in combining service operated by seven separate companies into one—with more than 450 employees and 350 vehicles His background demonstrates the breadth of experience he brings to Mrs clients, and the complete understanding .of the services they provide. Further adding to W. Siragusa's understanding of customer needs is his experience as the transportation manager for the City of Petaluma;.a position he held from 2006 through 2008. Here he was integral to maR;+*�;�;ng both local and federal fiuiding opportunities and contributed greatly to short-range transit planning. l lot Page 2& MV TRANSP RTAd1ON.WC. - Proposal to City of Palm Springs for Trolley Services Section F: Cost Proposal F,1. Attachment C MV has submitted six (b) copies of the Cost Proposal, Attachment C in a separate sealed envelope pursuant to the RFP requirements. Page 29 10 5 MV TR 618"RVaTION,INC- VEHICLE SPECIFICATIONS ins January 28,2014 Angel Kamler Fleet&Procurement Manager MV Transit 5910 N.Central Expressway, Suite 1145 S P E C.I A LT Y Dallas,TX:75206 V E H I CL ES Dear angel, S VI is pleased to submit the following:quotation based on the CitY p of Palm Springs r nest.This would , be a New 2614 Supreme Classic American Trolley built to the following specification: 30'New Trolley built on F53 Ford chassis - Seating capacity 22+4 or 26 with.no ADA passengers;perimeter style Ford V-10 gas engine with gaseous prep etiginc package Ford automatic transmission 200 AMP Mitsubishi.alternatot Dual 8 D batteries on slide out tray 22,000 GV WR C14G conversion with larger capacity of 37.5 GG.E (CNG) Intellitec multiplexing.electrical system (Larger Capacity) Electric entrance door Cow catcher Center headlight Brass bezels on headlights Brass bell on roof Authentic trolley passenger windows with etching decals Cupola windows with etching decals All wood.intetior RCA transit flooring ' Two color exterior paint scheme Brass interior passenger chimes All brass interior stanchions AM/FM/CD player PA system 4 interior speakers Safety equipment back up.alarm Driver dash air conditioning and heat 35,00013TU's' Wood slat seats-in perimeter style Full ADA package including Braun or Ricon wheelchair lift,two wheelchair tie downs,two flip seats over wheelchair area,brake interlock,ADA signage and lighting;separate wheelchair door : FOB Los Angeles Items not included on spec sheet but may be a good idea to include: Heavy duty front and rear air conditioning 120,000 BTU's. i 44DWaIkLoav wive,?feudersoi4.5VV 89011 2efepkone: 702-567-5256 7 T'aV 702-567-3020 Email- infaGspecialb fucl'es.cam- 'We6srte: zvurtv.speciaftyvefactm com I e � D 7. KAR A . 4 f I t-PRQ -UCTt�N cm FOR R&D USE ONLY CUSTOMER APP't$byAL. 09f29l14 APraoveo sr; Awraov®o 381.00 360,40 (30'=1" OO9f} 122.00 OA 190.00 34.00" OAK SEKM 49,00 (4) 8�:0C�' QM 'SFAFS . (2) FLIP SEATS i s - � 92.50 28�.Yf0 � 'i'kAd FEATURES. •4TRACMCFIANGE0101HER&AWAME, o . F ALSO AVA - - a �vtb IXaUA9LE ONFORLP�y Pat MENwq ax :or 71 xA ow haart TFKaLEY PARATigNBR fliE1GHN18iR9Ey. - A AlOa `apt a x: — ate. Lblh$BI 112019(ry1CVp!, O � , S r 1® ![ A!.1t Ry � AAAAAAAAAAA ��-ram� Ihi� Ili-: 2/5/2014 PASSENGERS . - . - FORD 3 i 7, {. W. � T 7 ro. F ems°' Iz 1 ! F. . DRAFT STARTUP SCHEDULE Draft imptenla On Schedide - ID Teak Name _ Draegan Start 5pr1nPTrollgySmim . Finish yK Atlehs - 82aM Wed 4/2/14 Nan tl12/1 .ward NOGTearbh .. --ii,db' 1N6A 412h4 T 50 0(15 4 tmond� 7eaY Thu4/3H4 Thu 4W4 rtranaltlan ern _ .. 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POliep d Procsdmea. 74 Quality Now_Mbar days .Wad 4H614 SAt SG1/14 P.mployw 82 thlvar Tral, - ..._._20!�4 TW4rJM4 TW 4R2H - Recnult 90 Tmnkip.... 3�AAys ., 95 Budpetlnp mtl Rrpnu ____ - 11Cga Man W19H0 Nail W2H � Ddvar Tnhiing - 106 HPoPayPoll a Banatlb 81 days Thu M3J74 Man W2H. Shlf TRming 116 UMiarmsalD Datlpea 48EM� Fri MN14 Mon W79P1 1 121 Equip mmi FsdiMss m M1a Tua W73J14 Non W2/1 NRIP tludW6ng and Flnsnb _.__M) Fri ip!ollt 122 P ___ ____ _. __ _Nan WNi - -0nHampalD tlatlpsa 740 Revenue.Vehlde.Fueling a 6600 daYsT F14/M7{ Stn aMM rWolpri aID8,10. Maintenance dM FBI 41414 Mon Wyi 159 InlormaaongyaMms am _._. - FatllNy - _. _ __ 1� Tx OMPuly'syAlaraa �WYsr Thu AI,1HA Sat W77H RavennA Vahtds Fueling a,Malntatincs _ Camgubr Equlpmnt �Lr � Infonnayou ww Teehndogysy m,,s 168 mvftA _.-.." 16 Thu 4/JH! Fri 118M ql+�r Comm�mvtlora Thu4f,Vi4 Fd M1W1{ Datapuar Equipment CommuMgygi ��Eaablbb,alapl IMsMatlwa Caimoa9 177 - Rungit n _ 177 . Daa VadlkatloNAodlt 70 1� gPCotr .tl. Wed W2rH{4 16D ng RAquimeab SaM/9H 16MOn: - ^� n-a�d'�Ro"a'w 186 arkf 15 SaW4 Sat �`D.ff�tAV�wMCvdl0WAuart 1 ReportYip Road. tatlatln and iioiN„g' Task Project City c1 Palm springs SWrt • • •' " I, Estarnar Mlleaipy Inacdm Summary.. W,- St�,.y .. Des:Faduary 21.2014' Milestone ♦ - kkWWO Teak-' • - ..DMargal Teak Fined ly 3 umma y ^`1- ImdNe Task bnaMy 'tea' Propreee Project Summary ---,- Mereal Summary Rollup 1. matt.Mocaux" ♦ '�rw Deadline' - g, Manuel Summary Fs Page 1 w DRiVECAM BROCHURE 113 ^..4 �j J� SSS 1 It e L:: s � _• 'b��itit 'if3d'A '�x.�i[. a YSF Z 5 1 "® �AM� .t as G ,u J�`' "t `• L � 1 H V 1 i Proven Results Proven to protect over 400,000 drivers o in more than 500 fleets,the DriveCam 4 Program delivers results. Major fleet operators return to DriveCam year. after-year because they realize millions �c a.. of dollars in Savings and indirect benefits _ when they: ti DRIVECAM This is a solution the industry has to adopt. You are going to see bottom-line "`' results in many areas,not just a reduction in claims but overall productivity".- - � I 5 PREVENT COLLISIONS Fleet operators see collision cost reductions of up to 60%in Property&Auto Liability and Workers Compensation claims. PREVENT FRAUDULENT CLAIMS DriveCam's exception-based video captures • •• - indisputable evidence when an event occurs, , protecting drivers and fleets from fraudulent or other errant claims. PREVENT FUEL WASTE Typical reduction of up to 12%through the ' management of efficient driving,excessive jj1ry •• idling and speeding, �- �, er+ .ids. •, Fleets also realize a variety of important y u indirect benefits from developing and t' . . maintaining aworld-class safety culture. ,. - . •-• With DriveCam,you'll: A • • • > Protect your drivers from the devastating impact of being involved in a collision— C„ y and exonerating them when they are in a no-fault collision. Protect your brand by minimizing high- profile collisions that might end up on they evening news. • Exemplify good cot poratecitizenship •, • r by contributing to a safer and more environmentally conscious community. • • *As ofianuary 2012 - v H w DriveCar Works DriveCam's core behavior--based safety solution focuses on � key question: how does an operator know that a driver is observing good drivingI►gk491�QrhreCarn's comprehensive solution identifies, prioritizes and corrects the;Muses of poor drlv,ng b�f :they lead to a collision. This "programmatic approach" helps cli9hEs tianafohm their safer) culture ant�'ensures bottom line results: preventing collisions, fraudulent claims and avasted operating expenses—whNe protecting their drivers and their brand. O moNrtOR DRIVING;PROVIDE Q ANALYZE,SCORE&PRIORITIZE REALMME FEEDBACK Q COACH DRIVER Drivet,`un's Video Even[Recorder condnu- Proprietary data artaiy�lcs;'combined with Flexible coaching and training methods are Eicpert video review,highlight the causes of ously morutors and captures driving behavior, poor drivingand applied based on operational demands and and provides real-time driver feedback et Prioritize operating c s needed to organizational profiles, reduce fleet risk and operating costs. Q UPLOAD VIDEO&DATA O SAFER DRIVER RETURNS TO THE ROAD Q ACCESS DRIVER MANAGEMENT PORTAL Exception-based video and data are ra Continuous monitoring verifies that lessons uploaded via a secure cellular connectionConfiguble alerts direct clients to online have been applied and protects drivers, tools,including dashboards for corn to DriveCam's Data Center—and are wide visibility and accountability,and ho spot resulting in fewer preventable collisions. pa - immediately available to the diem mapping for analysis of poor drhi r>g. Ensuring your program is on track,DriveCam program reviews provide benchmarking and best practices specific to your operations and industry.In addition,proprietary video and data analysis provide a complete profile of drivers and driving,allowing for objective comparisons of driver to driver,she to she, region to region and company to industry. (�T� he DriveCam Difference C'hout Sight and Sound, You're Only Guessing at the Truth "DriveCam is a phenomenal way observeimin Exception-based video is the most efficient and effective way to identify to a ,.r. •t's • •effe•ve rriv - poor driving behavior. With a video and audio record of the root-cause ' beha`dor, operators can more easily communicate with that has drivers and • tremendous impact correct behavior before it leads to a costly Collision. Video is also the reducing Collisions and keeping only way to protect drivers and fleets from fraudulent claims our drivers safe." in the event of a collision. The Program is Simple, Efficient and Guarantees Nationwide Transitopeiralor Long-Lasting Results DriveCam transforms volumes of data into simple priorities,guiding operators to take appropriate action. Our web-based application, DriveCam Online,ensures accountability and allows for benchmarking across your organization. DriveCam is a Proven Partner DriveCam is dedicated to understanding and optimizing efficient and safe driving.Working closely with our clients,we continually improve our people,processes and technology to prevent waste and save lives. Our experience and expertise include... + Proven Results:savings of up to 80%in collision costs and 12%in fuel consumption ' Protect over 400,000 drivers in more than 500 commercial and government fleets across a variety of transportation sectors world~ : . • Monitor more than 20 billion driving miles annually • FMCSA funded study validating the efficacy of the DriveCam Sokition i � j J "The(DriveCam Salutiorf;>oid for itself in 9rJ days and ho>exceeded oifr expactcfions as an invaintertP _ ' m ."o_r.c„ur r .»`cia'`ery€cc,I•Es�t IVECAo Diego, 858,430.4000 As proven expetts incompliance and the science of safe and efficient driving,DriveCam reduces collision-related expenses,fuel costs and the risk 020120 of audits and lost business for hundreds of commercial Oeeu worldwide.We identity and address the causes of poor driving by combining sight and scund with real-time,predictive analytics.With over 500 commercia!and government fleet clients,DriveCam monitors 20 billion driving mile- - annuaay,while protecting more[han 400,000 drivers worldwide. For more information,visit www.drivecam.com. SATISFIED CLIENT LETTERS 11�. transit 711 grand am,#110 serrated,ca94901 January 17, 2014 ph:41522$. 856 0 fac 415.226.085B City of Fairfield marintransit.org Attn: Wayne Lewis,Project Manager 2060 Cadenasso Drive Fairfield, CA 94533 RE: Fairfield.and Suisun Transit RFP 2013-14 ' board of directors Dear Mr. Lewis: barbara hailer I write to share my experience working with MV Transportation pent_ here at Marin Transit. MV was:originally:awarded a contract to city ofsan rafael provide rural service for Marin Transit in 2006, In 2611, after a' competitive procurement, MV was awarded a new and expanded dsd contract to provide rural and seasonal service for Marin Transit. judy amold. The seasonal service is a summer weekend shuttle service that vice president takes passengers from a Park and Ride In Mill Valley to the Muir a,pervisordistrict 5 Woods National Park visitor center. In 2013 Marin Transit further expanded the service provided by MV Transportation to include kathrin sears supplemental school service on six routes. Additionally, in 20113 2nd vice tr MV resident was awarded a separate con p p . act with Marin Transit to supervisor district 3 manage our Catch-A-Ride program, a subsidized taxi service for seniors. Susan 1.or If I could sum u in one word our. director P experience with MV it would be supervisor district I . accommodating. Over the last five years Marin Transit has been In a Period:of expansion: both increasing.service levels and adding new services. MV has been a true partner in picking up madetinekeliner new services and delivering them efficlently,safely, and in true director collaboration with Marin Transit staff. Our Muir Woods Shuttle city ofnovato service is a partnership with the National Park Service, and Park Service staff has been unfailingly complimentary regarding the steve line, flexibility and high level of professionalism exhibited by MV staff in director providing this service. A recent example of the MV's ability to supervwr district 4 handle unusual situations effectively.occurred during this past holiday season. This year Marin Transit and the National Parks piloted a new Muir Woods Shuttle service to accommodate visitors katierice over the Christmas holidays. On New Year's Eve,while the director service was in full swing, a King Tide came in and blocked the supervieordistdd2 entrance to the Park and Ride where customers were directed to catch the shuttle. This meant that drivers were arriving at the Park and Ride with visitors on their buses and the buses could not 19 • Li,Ne+mora�6t?I1�di�'dNey133)isT�JRo�y . - ' _ January 16, 2014 To Whom It May Concern: Thus letter of recommendation is for MV Transportation who operates ar►d m retain s fixed.route bus scxvices for fie Livermore Ama&r Vallq Transit Authority(L,AVTA). w has been LA.VTA's contracted operahor since 2002: A4Ws on-site Ytianagemeut team confirmes to be of very high quality. They v ork.lang hom to wsm our services are delivered daily in a cost-.dNetive tkranaet. MUM Y much appmidted as L,AVTA still steles to overcome the financial ouenges weface in the transit industry. Noteworthy in this past year h44 been the improvement In s&ty and the,redit dou in PMWAWble,a€cidettts we have experienced. LAVTA guffired.a bad-.yWin 20lZ nd h cafteated effort mas launched by MV W 2013 to improve. As a oousequenpce our iwidtnts decreased greatly,and liability and property damage claims a similarly reduced. In short..MV continues to deliver a quality service to LAVTA and pon inuos:to"be:lin excellent partner in the delivery aftransit services to the Tri-Valley eaunnunity. Paul Matsuoks Executive Director IAVTA t3Et2•Rtwterr(�*mw�t ;5uft M1®t1 • 6tivwwwft,CA wit• 1 Z yq . (05)4 •1975+fax '�SNlabeYs.c�fm Lastly,as I reflect on 2013,I look at all of the resources that were used too operate and improve o s P �p 'Our stem.One of those reso urces urces is Imowled e. ki s.Eanfoxd Division Team is et the top of my resource list for transit related knowledge,The Ijaniord p?vlslen.Team provide valuable kaouvledge on ewery aspect o OPOrations, system a4justments,system improvem",and, rrgnlatioiks;that go�uerh transit systems. j I am pmud.of the excellent service that,we provide,the boratiwe relatimiship that we have forged,and the ability to overcome.obstscles. I would like to express my thanks to the Awford Division Team for ail of their dedication in making the KART system safe and reliable;I look ' ferward to out Continued joint success during this next year. Sincerely, Angle Donor . Executive Director V� 121 3 OCAL 0 TRANSPORTATION m N AUTHORITY December 18,2013 John Siragusa President,MV Transportation 5910 N. Central Expressway,Ste. 1145 Dallas,TX 75206 RE: Commendati(o�,n� of County Express Team and General Manager Tony Mercado Dear h gusa: 0° I am pleased to provide this commendation letter for Tony Mercado of MV Transportation and the entire County Express operations team.I have worked with Tony and his team fox the last 7 years. During this time,I have come to appreciate all the hard work your local team has done,the knowledge Mary Leon brings to the teat,and the leadership of Tony Mercado. MV has a proven track record when it comes to the safety of passengers,drivers,and vehicles. MV drivers are courteous to passengers and go the extra mile to make each trip safe and on-time. Your local team effectively communicates with my transit staff when issues arise and helps to resolve issues promptly.This open communication is critical to maintaining high quality transit service to riders in San Benito County. Tony also site as the Chair of our Social Services Transportation Advisory Council where he provides valuable operational information to Council members. Through the leadership of MV Transportation,I hope County Express will continue to improve and ridership will increase.We will be implementing new dispatch software technology which will improve the efficiency of our operations. I look forward to another successful year working with you and your MV Transportation team. If you have any questions,please feel free to contact me at(831) 637-7665. Sincerely, n Lisa Rheinheimer Executive Director l 330 Tres Pinos Road, Suite C7, Hollister, CA 95023 Ph: (831) 637-7665 Foxi (831) 636-A 160 www.SanBenitoCountyExpress org 1 gL FetC }>sip. CERAnaU roitstxu r FISCALAPFA +Ift+t ,g sit tit va MIX Taj¢wft�Y9S�9. 12/9/13 To Whom It May Cuacern This letter is in regard to the MV Tntnsportation,Ins.'s performance as a transit comraotor in the Opterations of GET My bide,on behalf of MO County Transit DqmrMxnt Elko. County operates a sr ll demand response transit servioe in.ilte City of AIlm and in the swrrR'undirsg arm l3tis tvwe is pritrr 4m for lire ttuuspotWion r Of s=iors and people widt disehi ties; rt serves'the 04new public as well. WOVAwout for �_Mt1y oP 211� and +m were looking font f'oav tr io ddrfmm tYte oontractwr: 1).To,4paw, lu'vesm is 00 bonefoiel Way to Maa irrfW offiWim7, to the edin atity, 2) To be t�ti FTA regulations to the extent patsAble;ad S)To have ttrwy am.tempo I Was ItleaMatiy Stud when a company the $isle acid Wild the eqwiefte of MV Thasport bum, hm setts;iu a propmW. fete of the UW,tlW`_ �*&t wii'n MV Tmnsportatt+ula; hw is ahrx,al �I cy aad�k A'hao a sWKWd ® I'TA �:�and lam• But amd epetatfafl p :cy l dw are flexiw skas<ulsiow oast. 'they also comply vrsffi rite looalit PQh-6Y its.*UdQ0x®their OWrt sit 0ft410Il".. Meek Elias, Vice RIMMINt Of Opettions - Nbrtbwem, tt9s,ttzavelod Out hot word times to assist in 60*kv*andis ftwme"at tuna by ea0 ;wsimw d0t 7*' Manager has � 0j i s to the ft service, such. vandots, t^Ie has Wove dtf a stave f om apotl 'ItX061k to ready*e vehicles for p, 10 k0 P,uw malawaaft on.dig VO4-1410. TTtey also broug�tt its a o.ttdr t 1ipne Iocation to tee,dry the v*vu� rile sm t tD this company fish tldas p�vYiaus eontraotor. Part of the]UP was to have an.onsite Magager. my Tingp cm, h1c.hire:a lend dispaWw with seven yearns of eicpeisterrce tam #}fie Ogden low#m 'and moved iw so Eft to be Operations MQtisget. Sire lww brought-OxIsitteney to our ae v*ei ,alstttg Vkh'i"qw,AM cuss zw service. She aids.the FIA reg"ons, trains het to M arrtl _ provides aa:curaft and tirrialy reporting. She has also do* a old lady is M4io� the scheduling,which has caussd ap increft of ridership and revert e I can honestly say.this has,been the best change for the transit service in this area. Sincerely, Abi Wheeler 123 `� r r Carlos Hernandez w . Council Members Mayor w - Jose F..Coagol sis Garcia=Msrliuoz Vivian+Casale-Munoz ` cam;; e,�a�c + Katbarine E.CneiFueme Luis Gonzalez Paul B.Hernandez c ;v;«r ;cat City Of Hialeah Lourdes December 03,2D23 MV Contract transportation Ed Overn.Regional Vice President Mr.Ed Overni I am writing this letter to share how pleased I am that We have MV Transportation as our service provider far the City of Hialeah Circulatorf We have seen the difference that it makes as i have said, now we have a 'professional Compeny'serving our community; We have seen a decrease in the number.of customer calls and complaints. I was also impressed at the level of training I observed being given to the,Operators] Your Safety TrdiAfng Program far surpasses what Our previous Provider had given to our drivers. With Mr.Anthony Rodriguez as General Manager,we have a true partnership that we feel will take our service to the next level.Mr.Rodriguez has been dedicated to]mprovinglhe sery lice.and working With us to mace the needed Changes froin'the boginning. We has done an excellent job fn creating a professional climate to wotk in for the Operators. We also see the Corporate support that MV has provided in the Areas of Safety and Maintenance. I look forward to working with MV Transportation and growing our service to meet Hialeah's Community neods. We have had a greatstart and appreciate the MV Team and their dedication to providing the best service possible for the City of Hialeah. S(nc r.Jorge de la Nuez l kwtL.Ml PdnAHbkG.poman Crnta S01 wgS hid.hfip •33niD-0719 124 Spo�a�etrms October 15, 201 Marsha Moore MV Transportation,Inc: 5910 N Central Expressway,Suite 1145. Dallas,TX 75206 IN:Implementation ofTinlepoint Software products at Sp.Okat*Tranl;it Dear Marsha; I thought 1 would give you an update on our Implementation.ofthe MVTransportat7on;Inc. Customer Service Enhancement'technology products that M.V provided to STA:as part of our contract with MV,As you are aware,,a main factor in Spokane Transit selecting MV as Our contractor was the improvement in'teGhnologythat yourteam provides as part of the contractual partnership, We have been working with your technology team since August to prepare our pilots for the Agency Monitor(Agency trip inforrnatlon)and the Mobi App (Individual client trip information-Thebus.rnobi) products,par#of your TinlePoint Software,your teAWs support has been excellent. They have Addressaed any problems and Provided outstanding support In training they p. RR envies we g se lected elected for our ilotswith m .R ultiRle tralningsessions.DurJrt It the training sessions,feedback from agencypersmnel was nothing but positive. Members of a dialysis group could see the advantage Of knowing when irhe van was coming and matching that to how well the patient was doing In their process;Out local ADN group was Pleased to not only use the Information as documentation of those persons they are serving on a daily basis;but also as a guide to group their.cilenu together based On the estimated pick up times and van information, helping speed up our pick up process, On October 9, 2013 we held our Patatranslt User's Group meet1hp,This group provides feedback to Spokane Transit on our service and gives us reactions to upcoming service changes we are considering. We introduced the Agency Monitor to them at our last quarterly meeting in June. Several members.of this group are employees of the pilot' agencies for MV's TimePoint products. All who have used the Agency Monitor have been pleased with the product. They all had overwhelming:positivefeedback regarding the east of use and they were surprised by how accurate the information was.we also previewed the Mobi App with them. This generated much excitement amongst the Group. We had several volunteers who wanted to pilot this program and each had a different reason.They diked the Idea of not having to call in and wait,they liked the Idea of seeing their trips for the entire day,and they were enthusiastic about the fact that they-would know when we were arriving for pick up and an estimate of when they would arrive at their destination: 328-AIDE apokeneman TTY 456.4327.4327 1230WBoone Avenue 5a9:335.d060 125 Spokane.waSWnV0n 9.g201-2b86 SOD..323:6036 : . WflT' P h western oontrao6tta . Transit Authority August 19, 2013 Mr. Carter Pate CE O MV Transportation, Inc. 5910 N. Central Expressway, Suite 1145 Dallas,TX 75206 Dear Mr, Pate, As WCCTA enters into the first year of a new contract period with W, Transportation,I am writing to express my sincere appreciation to you,your excellent staff,and to the entire MV organization, for the outstanding service we have received throughout the previous 13 years of our partnership with you. As you know,we were pleased to award a new multi-year contract to MV in April,2013 after a particularly competitive procurement. In the end, the decision to award to My came down to our desire to retain the outstanding local management.staff MV has committed to this:contract. Omsk Our partnership with MV extends back to the year 2000,when WCCTA made our first contract award to your firm. We consider ourselves extremely fortunate to have had Electra Jeterinthe role of MV's Pinole Division General Manager throughout the 13 years MV has operated our fixed route,paratransit and express bus services,and maintained the WCCTA fleet. Electra has worked in close partnership with our agency to expand and continually Improve service to our community. She has assembled at outstanding workforce,_and has been proactive in creating the culture of openness and trust that defines our location, and that governs the interactions with our Passengers and the broader community. Additionally, she has:been extraordinarily generous with her own time and financial resources in responding to a broad array of charitable and philanthropic projects in the local area. These efforts have included providing meals to families in need on.a number of occasions throughout the year. Though Electra prefers to maintain a low profile about her support for less fortunate members of our community,her contributions are recognized and sincerely appreciated by the WestCAT staff and Board of Directors. It is gratifying to see how successful Electra has been in establishing a workplace where employees are valued and respected,and where people etuoy coming to work each day. In Preparation for a driver appreciation event later this week, we have been preparing commendation certificates for all MV employees who have been working at our location for five years or more. Perhaps nothing better illustrates the effectiveness of Electra's approach than the fact that the vast majority of her employees fall into this category, with many having served the community for over fifteen, twenty or twenty five years(and in the ease of the longest tenured driver,more than thirty one years). 601 wglter Avenue Pnote, Gawoenia 84564 12.6 FA#t5 Q 724--%51 . (510 724-3331 ? MUNICIPALITY OF ANCHORAGE Public Transportation Department 907-343-8402 Mayor Dan Sullivan August 6, 2013 City of Colorado Springs City Contracting Division 30 S. Nevada Avenue, Suite 201 Colorado Springs, CO 80903 Re: RFP R13-072JM - Management and Operation of Paratransit Service To Whom It May Concern: I am writing in regard to MV Transportation, Inc.'s performance as paratransit contractor in the operation of AnchorRIDES Coordinated Paratransit System on behalf of the Municipality of Anchorage, Public Transportation Department. MV has performed well as our provider since July 2007. Overall, we have found the company and its employees to be responsive, reliable, and effective in their duties. They improved therep utation of nchorRIDES with our customers and in our community by providing professional and safe service. In coordinated transportation, MV successfully manages and operates multiple modes of paratransit: demand response, deviated fixed route, and shuttle service. MV capably provides various service level requirements transportation for ADA paratransit, OAA Senior transportation, Medicaid Waiver transportation, Title 1 pupil transportation, general public deviated fixed route and a health service shuttle. These multiple funding sources have different eligibility rules, service hours, service areas and faring and MV has been a willing and effective provider for"one-stop transportation service" throughout Anchorage. Additionally, MV helped us achieve a great 2010 FTA Triennial Review, with exceptional ratings in the area of maintenance. I anticipate the same results in our upcoming 2013 Triennial Review. I recommend MV to any agency looking for a partner in the operation of their transit systems. Sincerely, Susan Shiier AnchorRIDES Contract Administrator Municipality of Anchorage I Public Transportation Department P 907-343-6331 1 F 907-343-4042 1 C 907-244-2020 127 gig PLANNING DEPARTM13NT June 18, 2013 Ed Overn Regional Manager MV Transportation; Inc. Dear Ed, It with a great deal of satisfaction that l write you today to tell you about.the status of MV's management and operations of our Cary Transit since Valerie Courehesne was assigned her role as our General Manager(GM). Well, I can tell you-that you were right about Valerie. She is a mover and i a shaker when it comes to attacking problems and developingaong range strategies to keeping things running smoothly and mintmizing,problems, She is by far,the best General Manager thatbas been at. Cary Transit since I arrived 10 years ago. The system is now setting new records on riders p. Customer service has improved and complaints ® have decreased, particularly on our doorao door,services, She's taking bold action to deal with tough personnel issues and bringing in better staff. Through Val's efforts,we have also set new all time high records in passenger trips per hour on our door to door services over the past two months. It Is so nice to have a GM who is highly competent, a great communicator,super motivator, and highly respected by Town staff and her own MV staff. I thank you for helping to make this happen and all that you do for our system as well. Valerie is constantly thinking outside the box on how we can further Improve oursystem. This is something that she doesn't do just every now and then, but every day. We are fortunate to have someone of her caliber and hope to have her at the.operations'helm here for many years to come. On behalf of the Town of Cary,thanks for all that MV does to make us the great system that we are today. We have more work to do of course and will need your support as we move forward with additional improvements in the near future. Co fall ; Ra y1ston Transit Services Administrator Town of Cary TOWN of CAxy 316 North Academy Street•Cary,NC 27513 a PO Box 8005 Caty,NC 27512-8005 tel 919-469-4082 9 fax 919-388-1103 0 www.towaofcary.org 128 Ashtabula County Department of 4 Job Family Services P4trlck J.Arearo,Executive Director ACTS . rob source/ sticlsl sovimf Financial/Medical Ass/. Finad Nei-Lint - Naming.[tome -Child Styyiorl Tell Fnse ohe stop Chad Care - - seMices fnf ent s""s GhRan+dx41 Phi 1400WW 4140 Ph:A40AR4-129q �'hr WQ-894-f060 Th:gd9'���.11i8.. Rh��A9$-1110 Ph:4#a99+A-3.®Sb �:999�9i-t1t0 Fai:440.99414025 faz:+lq9-S192-982fi 1=ez.4�t1;494-2M F" 4dW906 1538 Fax:440-9WI54B Fax:44b•9J4,1090 Fm dd{µQ94-Zi}25- March 28, 2013 Kevin Klika Chief Operations Office MV Transportation Inc. 360 Carnpus Lane, suite 201 Fairfield, CA 94534 Mr.Klika: I airs writing in regards to the service MV Transportation Inc.has provided to our County in terms of the operation of the Ashtabula County Transportation System (ACTS). Dents Fields,General Manager, has been responsive to our needs and our community passengers. She maintains a"hands-on"approach and spends countless hours working to ensure exceptional service to the public. In addition;we are pleased with the corporate support and follow up given by Chad Hockman, Regional Vice President, when we express concern about something that may need attention. In closing, our partnership thus far remains positive and I would like to thank MV Transportation, Inc. for the job they have done at all levels of the organization. Respectfully, Patrick J. car Executive Director CC: Board of Ashtabula County Commissioners Susan Stoneman,ACTS Project Manager 2924Ilonahtle Drive,Ashtabula,Off44U84 129 Toll Fte: 1-800-05-W42 .. .... ........ ........ . . Lo • Ell City of Show Low = 953 550 North 9th Place Show Low,AZ 85901 February 28, 2013 Telephone(928)532-4000 Facsimile(928)532-4009 Mr. Wayne Fritz infb@d.show4ow.az.us MV Transportation wwwA show-low.az.us Dear Mr. Fritz: It is with great pleasure that I write this letter of recommendation on behalf of MV Transportation and your general manager Thomas Hakenewerth. On July1, 20031 assumed the administrative responsibility for the public transportation service (Four Seasons Connection) in the City of Show Low and the Town of Pinetop-Lakeside. Despite years of administrative responsibility as the Community Services Director with the City of Show Low, I had no experience whatsoever in dealing with public transportation. Now with nearly ten years under my belt I appreciate the fact that MV Transportation has made this administrative opportunity a very pleasant one. During these ten years, MV Transportation and I have enjoyed a very good relationship and i have been very successful in working together on a number of issues. In particular we have worked hard at continuing our comprehensive marketing plan for advertisement on the buses that has proven very successful. We have worked through a number of difficult route related issues to the satisfaction of the majority. In addition, we have successfully started and maintained the White Mountain Connection (commuter route to Holbrook). We are currently working with the White Mountain Apache Tribe in hopes of adding a public transit system that would meet the needs of their people. MV Transportation has always been willing to do whatever it takes to get the job done and has made my administrative role a very pleasant one. If I have a concern, MV Transportation always listens. If they have a concern, I always listen. We have developed a mutual respect and appreciate the respective abilities that we each possess. The Four Seasons Connection and the White Mountain Connection, under MV Transportation's direction have become very important parts of the transportation system in the White Mountains. The popularity of these service continues to grow and it meets the needs of many residents who would otherwise be without any means of transportation. MV employs an excellent general manager and he has our respect, the respect of his staff and the public that we collectively serve. It is obvious that Tom has the support of the leadership at MV Transportation. We look forward to continuing this productive relationship well into the future. Sincerely, Joel k Com unity Services Director City of Show 130 r vtw" . �4i • 7 ` � � ' 11 h Et . • . . . CITY • - OF PALM SPRINGS FOR • . TROLLEY SEFDACES ft�ft 1 16': 9 -I 11T Air w National Experience • 58 Years of Experience • 16,822 Employees • 9,547 Vehicles • 217 Contracts • 146 Locations w N .+ MV TRANSPORTATION INC. strong Southern California Presence • Los Angeles ynood • Orange County • Santa Monic a • Beverly Hills San Pedro • La Mirada Downe : Irvine � • Whittier • Santa Clarity West Covina • Thousand Oaks Van Nuys Y • Glendale • Oxnard -MV tRANSPOP'TATION 1NC. - Keith Everage, Jr. , Pr o ect Manager J 7 Years Transportation Experience p nce Current General Manager for the City of Burbank Fixed Route Oversight of 17 CNG buses 18 Operators, 4 Staff Extremely Familiar with Souther n California Transit MV'f'RANSPORTATION INC. Re gional Support Judie Smith, Regional Vice President resident Hector Vargas, Director of Safety Phil Tellgren, Director of A cc ounfing John Siragusa, President Joe Escobedo, Senior Vice Presid ent r MV TRANSPORTATION tN1C. - - - Prop . e • 5 BRAND NEW 2014 30' Supreme Classic American Trolley • 26 passenger or 22 with 4 wheelchair capacity with lift. • Perimeter Seating • Authentic trolley passenger windows with etching decals • Full ADA package including Braun or Ricon wheelchair lift � r W C71 MV TRANBPOFMATION INC. . R 1 "f. i R < � .+ to �❑ � �.r m c . . Gu. f � q, f c Transiti.on Plan Unmatched Transition Experience p ce and Client Support Commitment to Retention and ` Retraining significant support Personnel Ito Ensure Everything is Addressed Reputation for Transparency and Building Positive RelationshIDSAMMIL W _ MV TRANSPOFMATION FN.C. - 1 Professional. Programs 84 Hours of Operator Trainin g USEE LLL C: The Four DrivingPr` rM �ncVes to Safety National Accounts and Ve ndor Relationships Incentives Reduce Turnover and ,w 9 Bo W. ost Morale . 7 M TRANSPORTA+YON INC. - Automotive Service Center ASE-Certified Mechanics ASE Master Certified Automot ive Specialty Certified) Tech-let Facility In Business Since 204 W cv, y MV TRANspoPTATION TNC. Unconditional Satisfact ion Guaranteed Warranty In the event the City is dissatisfied with MV s service for any reason during the term of the contract, the City may terminate - � y the contra ct. In the event the contract is so terminated, MV will refund to the Cityan al ' M y and _ profits made b y V resulting from this contract, during the final 12 months during the period prior to the termination. MVTRANSPORTATION INC. EXHIBIT "D" SCHEDULE OF COMPENSATION Refer to Section 2.2 of this Agreement for Payment Terms and Conditions, including submission of timely invoices for services rendered. Under no circumstance shall services be paid for in advance. The Contractor will be required to provide the City with monthly invoices for service with copies of time records and other documents necessary to support invoices for each route. Compensation shall not exceed the maximum contract amount of$918,874 (nine hundred eighteen thousand eight hundred seventy four dollars) for Year 1. In the event that the project is terminated after Year 1 the City shall additionally compensate the Contractor for the difference in the depreciated value and the market value of each Trolley in an amount not-to-exceed $24,334 per Trolley. Maximum Compensation shall not exceed $856,985 for Year 2; $863,592 for Year 3; $888,300 for Year 4; and $893,222 for Year 5. In the event the City requires Additional Services for special events, etc., beyond the regularly scheduled trolley service, the Cost shall be charged at the Variable Rate, Per Hour, Per Trolley (see attached itemized Cost Proposal/Schedule of Compensation) as applicable by Year. TERM: The dates on page 1 or on the signature page of this agreement shall NOT constitute the "Anniversary' date for the purposes of determining the 1 Year Pilot, or subsequent 4 years. For the purposes of determining the "Years", the first (1') Year shall commence on the date that the Trolley program STARTS OPERATION. That date will then become the "Anniversary" date of the program and contract and all Pricing will adjust as per the attached Cost Proposal/Schedule of Compensation on that anniversary date each year. 720669.1 141 ATTACHMENT "C" "THIS FORM MUST BE COMPLETED.AND SUBMITTED IN A SEPERATELY SEALED ENVELOPE92"Cost Proposal', NOT with Envelope#1, TechnicalfWork Proposal") Please provide G Copies,with one marked "Original' REQUEST FOR PROPOSAL(RFP#12-14) TROLLEY SERVICES PROVIDER COST PROPOSAL-4/25/2014 Responding to Request for Proposal No. 12-14 for a Trolley Services Provider for the City of Palm Springs, CA, I/WE will offer the following Total Cost proposal to operate the Trolley service for a 1 year(pilot)period. The Total Cost is broken down and itemized showing the separate costs for Labor,all Equipment, EquipnWtMaintenance, Equipment Fuel, Storage Facility/Location cost, and any and all q* r associated costs to provide the Trolley service. The above mentioned costs MUST be speFft0y itemized and identified in order for your Proposal to be considered responsive. We understand that failure to provide the itemized costs as requested in the RFP or utilizing Attecl W�,`C"may result in the rejection of our proposal, and that the City may negotiate the costp I ucture of various components of the program if it deems it to be in the best interest of the Cf{y. The undersigned Proposer proposes and agrees to provide all work and services necessgfy,to deliver Trolley Services as defined in the Scope of Work herein. NAME OF FIRM SUBMITTING THIS COST PROPOSAL: MV Transportation, Inc. TOTAL COST FOR 1 YEAR TROLLEY.,$ERVICES PILOT PROGRAM: $ ,.g74 (PRI9 . .f GURES) ., Nine hundred eighteen thoysand eight hundred and seventy four dollars (PRICE N. O S ATTACH TO THIS PAGE YbUR ITEMIZED COST BREAKDOWN M REQUESTED IN THE RFP DOCUMENT, 142 COST PROPOSAL DETAIL FOR THE CITY OF PALM SPRINGS SUBMITTED BY: MV TRANSPORTATION, INC 4/25/2014 � YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 5 YEAR TOTAL DRIVER WAGES $155,358 $157,885 $159,913 $161,578 STAFF WAGES $107,679 $1o8,756 $109,844 $162,870 $797,604 PAYROLL TAX $26,705 $110,942 $112,051 $549,272 FRINGE BENEFITS $27,026 $27,249 $27,526 $27,709 $136,215 WORKERS COMP $17,051 $19,519 $21,411 $24,602 $27,212 $109,794 LIABILITY COSTS $14,874 $15,149 $15,318 $15,544 $15,670 $76,554 RENT& UTILITEIS $30,257 $31,894 $32,084 $32,288 $32,481 $159,003 VEHICLE DEPRECIATION $32,089 $31,896 $32,844 $33,828 $34,88' $165,493 $134,220 $134, 220 $134,220 HIRING COST $3 042 $134,220 36 $134,220 $671,100 WEB PAGE DESIGN& HOSTING $4,768 $4,891 $5,014 $5,138 $22,853 TELEPHONE, INTERNET&RADIO $11,000 $3,096 $3,192 $3,288 $3,384 $23,960 LICENSE&TAXES $4,680 $4,824 $4,968 $5,112 $5,268 $24,852 OFFICE SUPPLIES AND POSTAGE $2,075 $2,137 $2,201 $2,267 $2,335 $11,015 FUEL NET TAX $840 $876 $912 $948 $984 $81,936 $86,0960 VEHICLE MAINTENANCE $86,096 $94,706 $94,706 $443,540 $124,153 $129, 115 $133 7474 $684,519 START-UP 151,552 $146,069 $150,908 OFFICE EQUIPMENT DEPRECIATION $0 $0 $0 $0 $51,552 INTEREST $9,215 $8,820 $8,828 $7,659 $5,921 $40,442 TIMEPOINT GPS SOFTWARE $37,784 $29,387 $24,624 $19,725 $14,714 $126,234 MOBILE VEHICLE--TRACK ING APPLICAITON $4,740 $4,884 $5,028 $5,1&1 $5,340 $25,176 ADMINISTRATIVE $600 $618 $637 $656 $675 $3,185 PRE-TAX INCOME $50,312 $38,351 $38,653 $39,771 $40,002 $207.089 TOTAL COST $18,714 $17,169 $16,905 $17,374 $16,798 $86,960 $918,874 $856,985 $863,592 $888,300 $893,222 $4,420,973 Annual Fixed Cost $2,80,315 $282,076 $285,736Im Annual Variable Cost $638,559 $296,000 $1,397,358 Total Cost $574,909 $577,856 $597222 $3,023615 $918,874 $856,985 $893,222 $4,420,973 Variable Rate $55.05 $49.56 $49.82 $51.26 $51.48 $52.13 Hours 11,600 11,600 11,600 11,600 11,600 58,000 Notes: 1) Cost above based on 11,600 hours and will be billed from the time the vehicle leaves the gargage to the time it retums (e.g. gate to gate). 2) Cost based on using 5 vehicles in the operation. If additional vehicles are needed, cost will be subject to negotiation. 3)Variable and Fixed cost above allow for increase or decrease in the service and mitigates some risk associated with volume F.. 4)CNG fuel costs have been calculated at the rate of$2.87 per gallon. 5)In the event that the pilot program is terminated after the first year, the City of Palm Springs would be t� responsible for the difference in the depreciated value and the market value not to exceed$24,334 per trolley. 6) Pricing above includes cost to wrap each trolley, vehicle GPS software, and mobile vehicle tracking application and stand alone app. EXHIBIT "E" SCHEDULE OF PERFORMANCE The intitial Project Implementation schedule follows on the next page. Operating Times. The level of service for the subject route requires headway of 15 (fifteen) minutes. Service will be provided 4 (four) days per week with the following operating hours: • Approximately 56 operating hours per bus per week (224 total hours per week, 11,600 hours annually): Thursday—Sunday: 11:00 a.m. — 1 a.m (*subject to change) The City reserves to modify the schedule at any time. The City reserves the right to change the hours of operation and to add, delete and amend services and locations as necessary throughout the term of the contract. Route: The trolley route is an approximately 14 mile loop extending from the intersection of North Palm Canyon Drive and Racquet Club Road at the north end of the route, to the intersection of East Palm Canyon Drive and Cherokee Road at the South end. The route and stops are subject to change by the City at any time and may be expanded or retracted depending on ridership, demand, or other factors. The required service level of every 15 minutes requires the contractor to be flexibile to accommodate the City's seasonal population pattern and the variations in peak "in season" and peak "off season" demands. TERM: The date on this agreement shall NOT constitute the "Anniversary' date for the purposes of determining the 1 Year Pilot, or subsequent 4 years. For the purposes of determining the "Years", the first (151) Year shall commence on the date that the Trolley program STARTS OPERATION. That date will then become the "Anniversary" date of the program and will define the start date of the initial Pilot Program, and all Pricing will adjust as per the attached Cost Proposal/Schedule of Compensation on that anniversary date each year. 720669.1 144 I I K {I 4y I I I t I � 81 ;� s I �ece:Ix�3 ni5��15i3 ix° IA.eR,a .g I i � I I rs # I I � P, 11 �� •I li F a, f Ail a 5S&�39 8: .... SIR it 145